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

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. 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
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

Traffic Alerts

Watch out for over spending today. The boundaries are blurred and it is easy to go over the limit as the desire of the 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.