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Are residents allowed to repair potholes? This is what the law says

A group of Sunninghill residents recently took to the streets to patch up potholes themselves.

While their actions may have been driven by good intentions, the Johannesburg Roads Agency (JRA) says that these DIY repairs are not only discouraged, they’re against the law.

The JRA was responding to claims that residents, frustrated by delays, had begun handling repairs themselves.

Why Fourways residents fixed their own potholes

Concerned about the danger potholes were posing to drivers, a pothole-repair effort was led by the Sunninghill Community Ratepayers Association.

The initiative saw volunteers and residents band together to fix more than 155 potholes after multiple reports to the JRA went unaddressed.

What the law says

While the JRA does welcome community involvement, communications officer Mosa Makhalima says these efforts must still comply with municipal regulations.

Makhalima pointed to the City of Johannesburg’s Metropolitan Municipality code of practice for work on road reserves, published in the Gauteng Provincial Gazette in 2004. These by-laws are clear: pothole repairs or alterations to roads must not be carried out 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.”

Do you think communities should go ahead anyway and fix their own potholes?

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