Group wins landmark pothole case

2011-06-28 21:44
Johannesburg - The South Gauteng High Court in Johannesburg ordered the municipality in Delmas to repair potholes on the R55 to Ogies within 72 hours from Tuesday, according to a lawyer for the Society for the Protection of our Constitution.

Society spokesperson Mohamed Vawda said this was the first order of its kind and set a precedent for other municipalities.

Advocate Zehir Omar, who represented the society said about two or three years ago, Vawda and Willem Harmse, also of the society, complained about the state of the busy road, to the municipality and transport department authorities to no avail.

"It is used by truck drivers, the rural community use it. Last week a truck swerved to avoid a pothole and crashed into another truck and two people died," said Omar.

"There was not a murmur in the media or anywhere else," said Omar.

Vawda and Harmse then made the application and Judge Naren Pandya, appeared apprehensive at first.

"But attention was drawn to people dying and the real risk of people dying and the judge was persuaded," said Omar.

He said if the Victor Khanye Municipality (Delmas) failed to abide by the order, he would apply for an order that the mayor and his executive committee be jailed for 30 days.

Vawda and Omar created a stir when, in a low profile application they managed to get the words "shoot the boer" declared prima facie incitement to murder, unconstitutional and unlawful, by Judge Leon Halgryn at the same court.

Judgment is still awaited on a separate case against ANC Youth League president Julius Malema who went on trial for hate speech at the Equality Court in Johannesburg over the words.

AfriForum Youth set that trial in motion after Malema sang the lyrics several times around the country.

Pandya was not immediately available to confirm the granting of the order and the municipality was not able to comment on Tuesday afternoon.

Read more on:    transport  |  service delivery

DRC plotters acquitted

56 minutes ago

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining

Inside News24


Africa: Land of Billionaires!

Find out who are the richest of the richest in Africa!

Best bro movies 2014
Every man should be able to do these three things
Goalkeeper saves five penalties with his FACE!
Hottie of the day: Jesselyn

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

Hot festive offers at!

Hurry! Stocks are limited. Don’t miss out. Shop Now!

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25


Grandiose ideas and plans can trip you up today. Keep things in context and take one step at a more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.