South Africa: Can citizens take action against the state to maintain critical infrastructure?
Raw sewerage in the streets is a common sight, potholes prevail, and stormwater drainage fails repeatedly. It is commonplace that despite residents paying rates and making multiple complaints to authorities, the situation does not improve.
Citizens have various constitutional rights, including the freedom of movement and access to essential services, as well as to approach a court when a right in the Bill of Rights has been infringed.
Can citizens or local resident associations take the local or national government to court to obtain court orders compelling them to effectively deal with the situation?
This question came before the High Court in Umtata in a judgment handed down earlier this month.1
A local residents' association brought an application against the Department of Transport, directing them to repair the surface and undertake all the necessary work to restore a main road to good condition.
The court accepted that the resident association had legal standing to bring the application. The applicant put up extensive evidence of complaints being lodged with councillors and the local municipality, with no tangible results. The court considered the effect of the inaccessible road on the applicants' daily lives, their ability to shop, access to banking services and get to work, learners' ability to get to school, access to medical facilities as well as the impact of poorly positioned drainage pipes causing flooding and an additional slippery road surface causing danger.
The respondents argued that they had a significant scope of responsibility and that the maintenance costs of a paved road network was approximately R1.8m per kilometre. given their budget limitations annually, the department had to engage with municipalities to prioritise road maintenance based on the needs of each respective community. The department had to acknowledge the need for road upgrades that the applicants had requested and contended that considerable progress had been made with the budget approved and contractors appointed.
The court accepted that it was the respondents' responsibility and constitutional role, and accepted, although the municipalities had an interest in the matter, it was not required for the municipalities to be joined to the proceedings.
The court accepted that the applicants had clearly demonstrated their rights were being infringed upon, as well as the deplorable state of the road, and that they had no other remedy available.
The court issued an order that the department was directed to repair, resurface and restore the main road within 120 days of the date of the order, and ordered that the respondents pay the cost of the application.
Conclusion:
This case serves as a reminder that the courts will intervene where the state fails to discharge its constitutional obligations and where citizens or local associations can show extensive complaints and requests for assistance which have remained unanswered.
It is not sufficient for the State to point to budget limitations as an exclusive answer to its failure to implement important and necessary infrastructural maintenance or upgrades.
Citizens can be confident in taking a more active approach to holding local and national governments responsible for fulfilling their constitutional mandates to effect repairs to ageing and failing infrastructure.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Zawya
16 hours ago
- Zawya
Sierra Leone's President Julius Maada Bio Commissions the Mattru-Senehun Bridge, Praises World Bank for Continued Support to National Development
His Excellency President Dr Julius Maada Bio has officially commissioned the newly constructed Mattru Jong–Senehun Bridge in Jong Chiefdom, Bonthe District, a transformative infrastructure project designed to benefit over 20,000 residents. The bridge is expected to significantly reduce travel time and costs, eliminate the risks associated with manual ferry transport, and improve the movement of goods, especially farm produce, to markets across the region. Located along the Jong River, Mattru Jong serves as the mainland of Bonthe District, approximately 52 miles southwest of Bo. It was previously one of the country's 13 colonial-era manual ferry points identified by President Bio for replacement with modern bridges as part of his broader infrastructure and rural development strategy. In his keynote address, President Bio described the commissioning as a deeply personal and national milestone. 'This is a promise fulfilled to my people, to our district, and to our future,' he declared. Recalling his Big Five Game Changer agenda, the President emphasized that his government is committed to delivering tangible development to every part of Sierra Leone 'from the hills of Koinadugu to the riverbanks of Bonthe.' He recounted the challenges of the past: 'Our communities relied on manual ferries that were limited to daytime use, became unusable during the rainy season, and often posed serious risks. These were not just inconveniences, they were barriers to progress,' he said. 'While previous governments spoke of development, our government is delivering it. We are the 'Tok N Do' government.' President Bio explained that the bridge was made possible through a US$30 million grant from the World Bank under the Smallholder Commercialisation and Agribusiness Development Project (SCADeP), overseen by the Ministry of Agriculture and Food Security. The Mattru Bridge is one of four constructed under the initiative, alongside Gendema in Kenema District, Manowa in Kailahun District, and Tomparie in Karene District. He described the new 160-metre structure as a vital connection point linking Mattru Jong to Bo, Moyamba, and Pujehun Districts, enabling faster access to healthcare, education, and markets. 'Now, mothers can reach clinics faster, students will arrive at school safely, and traders and farmers can move goods with ease,' the President said. President Bio emphasized that beyond reducing travel time, the bridge restores dignity and brings hope to local communities. He expressed profound gratitude to the Ministry of Agriculture, the SCADeP team, the Sierra Leone Roads Authority, Paramount Chiefs, local councils, and Members of Parliament for their roles in making the project a success. He also thanked the World Bank for its unwavering partnership. 'You have walked this journey with us. Your support is yielding real results for our people. But we are not done. There are more bridges to build, more roads to open, and more communities to transform,' he assured. Speaking on behalf of the World Bank, Dr Abdul Muwonge, Country Manager for Sierra Leone, commended the government and local stakeholders for their cooperation. He noted that farmers, women, schoolchildren, and the elderly had long struggled with access and connectivity in the region. 'This bridge is more than concrete and steel, it is a legacy that will serve generations,' he said. Dr Muwonge applauded President Bio for making a compelling case at the World Bank headquarters, which has led to additional funding for future bridge projects. He reaffirmed the Bank's commitment to supporting Sierra Leone's infrastructure and rural development ambitions. Also speaking at the ceremony, Minister of Agriculture Dr Henry Musa Kpaka described the bridge as a flagship achievement under President Bio's Big Five Game Changers. He stated that the improved infrastructure would encourage farmers to increase production, knowing that their goods can reach markets efficiently and safely, with improved storage and profitability. The commissioning of the Mattru-Senehun Bridge stands as a powerful symbol of President Bio's commitment to inclusive development, rural connectivity, and agricultural transformation. With strong partnerships, bold leadership, and sustained investment, Sierra Leone is steadily moving forward, one bridge, one road, and one empowered community at a time. Distributed by APO Group on behalf of State House Sierra Leone.
The National
a day ago
- The National
Brics leaders meet under pressure from tariffs, oil shocks and climate rifts
When the leaders of the Brics group of developing countries gather on Sunday for their 17th annual summit, the backdrop is one of the most geopolitically volatile the bloc has faced in years, with trade tension, regional conflicts and energy instability all converging at once. Three forces will shape the mood in the room at the two day summit. First, US President Donald Trump's 'liberation day' tariff blitz, which has landed across the Brics. China struck a trade truce with the US recently, reducing steep levies. But India still faces duties of up to 27 per cent on exports bound for the US, while South Africa is grappling with a 31 per cent levy. Brazil has been hit with a 10 per cent baseline tariff. While these measures were paused for 90-days, that window closes on July 9, so the threat of fresh trade disruption looms large. Wars and oil Second, there's the instability in the Middle East, following a 12-day war between Israel and Iran. Oil markets have already felt the impact: Brent, the benchmark for two thirds of the world's oil, surged nearly 12 per cent after Israel's mid-June strike, driven by fears that further escalation could disrupt ships carrying oil through the Strait of Hormuz. Prices have since cooled, but the stakes remain high. Any new conflict would hit oil importers, such as China and India, while a plunge would hit revenue for major Brics producers such as Russia and Brazil. That brings us to the third pressure point: the upcoming Opec+ meeting in Vienna on July 10. Russia remains a key player in the oil cartel, shaping production policy in tandem with Saudi Arabia, which is not a Brics member. Brazil joined Opec+ last year, although without binding production targets, while India and China (as major importers) closely watch the cartel's quota decisions, which influence global prices. Yet in practice, most Brics members are still price-takers rather than setters, highlighting the bloc's internal imbalance and its limited influence over global energy governance. Climate policy adds another layer of friction. While the EU continues to press for faster emissions cuts, the US has retreated from climate leadership under Mr Trump. Within Brics, positions vary: Russia is intent on protecting its fossil fuel revenue, while Brazil, India and China favour a more gradual transition that aligns with their development needs. Diverging views on climate policy point to a broader issue facing Brics: as the bloc positions itself as a champion of a more 'balanced' or 'multipolar' global order, how much actual influence does it have? Global impact Comparisons with the G7 — the bloc of industrialised nations that continues to shape global policy — are hard to avoid, given Brics' efforts to position itself as a voice for emerging economies. Yet, the group has struggled to match the G7's coherence or influence on the global stage. For example: China generates about 70 per cent of the original bloc's economic output, meaning the now expanded group (which includes Egypt, Ethiopia, Iran and the UAE) lacks the scale and co-ordination needed to match the G7 in any meaningful way. Divisions within the bloc are not confined to economics either; they extend into diplomacy and security as well. The Middle East remains a key source of tension. Russia has taken a more assertive diplomatic line in support of Iran, particularly during its recent standoff with Israel. But other Brics members, especially India and Brazil, are likely to proceed with caution, unwilling to risk damaging relationships with the US and other western partners that are vital to their economic interests. With such differing interests, a unified stance on geopolitical crises, economic coordination, or energy policy remains unlikely. The summit is likely to deliver broad, cautious statements rather than any meaningful joint strategy. De-dollarisation? That same fragmentation is reflected in Brics' push to move away from dollar dependence — not by replacing the US currency altogether, but by reducing exposure to western-controlled financial systems. The broader aim of so-called de-dollarisation is to create alternative frameworks for trade and reserves that are less vulnerable to sanctions and less reliant on payment networks like SWIFT. However, de-dollarisation remains a distant goal. China 's renminbi is still closely managed against the greenback, the Russian rouble lacks stability, and currencies such as the Brazilian real and South African rand have little international traction. The idea of a shared BRICS currency has been raised by some leaders, but it remains more symbolic than substantive. With no common fiscal framework or monetary co-ordination among members, even developing a unified trading platform would face big obstacles. One area where Brics countries can make meaningful progress is at home. As global co-operation weakens, the way countries compete is changing. Strength now comes not only from what they sell abroad, but from the institutions they build and the connections they maintain with nearby markets. In a fragmented world, countries that combine domestic strength with access to nearby markets are holding up best. Switzerland tops the IMD World Competitiveness Ranking not only for its internal stability, but because it trades freely with the EU next door. Singapore, too, thrives not in isolation but by anchoring itself in South-East Asia's regional economy. For Brics, the deeper challenge is coherence. In a world drifting towards bilateralism, the group's ability to act with one voice remains in doubt. These tensions are not theoretical. The Iran crisis will test its diplomatic unity. Trump's tariffs will test its economic resolve. Opec+ will test its energy coordination. The Brics summit arrives, then, with limited expectations. The real test is not the declarations made this weekend, but the degree to which these countries can shape — rather than simply react to — the emerging world order.
Zawya
2 days ago
- Zawya
Nigeria: Keyamo commissions modern airport terminal
The Sokoto State Government has commissioned a newly reconstructed airport access road and a modern VIP terminal building at the Sultan Abubakar International Airport, Sokoto, as part of ongoing efforts to reposition the state as a key gateway in Nigeria's aviation and economic landscape. Speaking at the commissioning ceremony on Thursday, the Minister of Aviation and Aerospace Development, Mr. Festus Keyamo (SAN), commended Governor Ahmed Aliyu for his unwavering commitment to infrastructural renewal and praised the quality of leadership exhibited in the state. 'This is not my first time in Sokoto; I was here last year to commission the Hajj terminal,' Keyamo recalled. 'What I see today is clear evidence that you have a governor who knows what to do and has a bold vision for his people.' The minister emphasized that the projects align with the Renewed Hope Agenda of President Bola Ahmed Tinubu, noting that the current administration's policies have empowered governors to exceed expectations. 'As I drove through the newly reconstructed road, I said to myself: Sokoto is fast becoming a gateway to the nation,' he stated. 'With the kind of leadership I have seen here, I am confident that this state is on solid footing.' Governor Ahmed Aliyu, while speaking at the event, revealed that the airport and its access road were in a deplorable state for several years, following an abandoned contract by the previous administration. He noted that his government re-awarded and completed the projects with a focus on quality and long-term impact. According to him, the road reconstruction and beautification were completed at a cost of ₦1,264,516,255.50, while the construction of the state-of-the-art VIP terminal building was executed at ₦1,501,116,683.48. 'We are building a new Sokoto — one that can compare not only with other cities in Nigeria but with modern cities across the world,' the governor declared. The Sokoto airport infrastructure development initiative took a further leap as Governor Aliyu announced the commencement of a new terminal project, with the foundation-laying ceremony performed by Minister Keyamo. The new terminal, he said, will feature cutting-edge equipment and meet global standards. Governor Aliyu used the occasion to express the state's firm support for President Tinubu, assuring that the people of Sokoto remain solidly behind his administration and reform efforts. The event was attended by top government officials, traditional leaders, aviation stakeholders, and members of the public, all of whom applauded the state's transformation agenda. The Sokoto airport infrastructure development stands as a model of visionary governance and federal-state collaboration, reflecting a shared commitment to modernization and economic growth. With continued investments like these, the Sokoto airport infrastructure development is expected to position the state as a vital transportation and commercial hub in Northern Nigeria.
