Can residents legally fix potholes? Here’s what the law says
Frustrated by the damaged roads in their area, a group of Johannesburg residents decided to repair a series of potholes themselves.
Frustrated by delays in repairs, a group of Sunninghill residents recently decided to fill potholes in their neighbourhood themselves.
Although their intentions were good, the Johannesburg Roads Agency (JRA) warns that such DIY repairs are not only discouraged but also illegal.
The JRA was responding to claims that residents, frustrated by delays, had begun doing their own road repairs.
Why Fourways residents fixed their own potholes
Worried about the danger potholes posed to drivers, the Sunninghill Ratepayers Association led a pothole-repair effort.
Volunteers and residents joined forces to fix over 155 potholes after the Johannesburg Roads Agency failed to respond to repeated reports.
What the law says
Although the JRA welcomes community involvement, communications officer Mosa Makhalima insists that all efforts must comply with municipal regulations.
Makhalima referred to the City of Johannesburg’s Metropolitan Municipality code of practice for work on road reserves, published in the Gauteng Provincial Gazette in 2004. According to these by-laws, no one may repair potholes or alter roads without written permission from the council.
According to Chapter 4 of the code, no person may make or cause to be made any hole, trench, pit, or tunnel on or under any road reserve, or remove any soil, metal, or macadam from the road reserve without the prior written permission of the council, and on payment of the prescribed fee, unless that person is authorised to do so in terms of any other law.
Makhalima further explained that even with permission, specific procedures must be followed. Unapproved roadwork can cause further damage and legal issues, where the JRA might be held responsible.
She noted that those looking to carry out roadworks on potholes must apply for a wayleave – an official permit issued by JRA – before starting any work.
“We urge community members to refrain from taking matters into their own hands,” Makhalima told the Fourways Review.
“Residents are encouraged to become active citizens by reporting road defects to the City of Johannesburg or JRA through official channels.”