Nogqala village, AB Xuma district – Eastern Cape
Source articl
es originally published:
- 17 February 2025
- 6 February 2025
The state of road infrastructure in the Eastern Cape is so bad, that in 2024 the South African Human Rights Commission found it to be a violation of people’s constitutional rights. Villagers in areas including Nogqala, Upper Mnyolo Administrative Area, Engcobo and Ugie know this only too well. For decades, the road infrastructure has been allowed to deteriorate, making parts of these villages inaccessible and unsafe to travel on. In the past, when work had started on constructing a road and a bridge, these were abandoned midway. The community had over the years appealed to the authorities to complete these projects, but nothing changed. Eventually they looked to the courts to litigate against the AB Xuma municipality. In February 2025, the Eastern Cape High Court in Mthatha ordered the AB Xuma local municipality to “take all steps necessary” to finally build an access road to Nogqala village and to complete its work on the bridge.
What was the problem?
For decades, the community in Nogqala village has borne the brunt of the local authorities failing in their constitutional duties to provide adequate road infrastructure in their area. As a result, the village is cut off and is only accessible via long detours. Many aspects of their daily lives are negatively affected.
The community had used the usual channels of communicating and lodging complaints but were ignored, dismissed or strung along.
How did they solve it?
Over the years they met with many different councillors and representatives from the municipality. Promises were made, but none was fulfilled. The community eventually recognised that there is a limit to patience and they needed to act and find an alternative.
It pushed the community to organise differently and the decision was reached to turn to the courts. Under the banner of Kunogqala Local Residents and six others they brought a case against the AB Xuma municipality and the municipal manager.
Their case was brought to the Eastern Cape High Court. Their lawyers argued there was a violation of the villagers’ constitutional rights as the municipality had failed the community. The lawyers outlined that the residents had to suffer additional hardships as a direct result of not having decent road infrastructure and the building of a bridge project over the river remained incomplete.
They also argued that the community had patiently waited decades for projects to be completed. At best, the efforts were stop-start attempts, the court heard. The municipality had also used “budgetary constraints” as a convenient way to delay the projects.
In early February, the court ruled in favour of the community. The ruling found that the prolonged failure to complete the Nogqala Road and Nogqala Bridge constituted a constitutional violation. The judge also said budgetary constraints were not sufficient justification for delays and the municipality had a “clear and unambiguous legal duty” to complete the road and bridge.
The judge’s ruling has ordered that the municipality “act forthwith and take all steps necessary to commence with and finish the bridge and the road”. He also set out a timeframe over the next six months for the municipality to communicate with the residents’ lawyers on the status of the project and on steps to be taken. The municipality was also ordered to pay the legal costs of the case.
So how did they do it:
- The community got organised and engaged with municipal officials, using the correct channels.
- They also eventually realised they needed a Plan B. They realised they could not accept the municipality’s continued failure to deliver and their excuses.
- The community began a legal challenge for relief. It was a victory recognising the villagers’ rights were being violated.
- They used the media to spotlight their situation and challenges.
- They didn’t give up, not even after decades.
Acknowledgements
Author: FixLocal Reporter
Original articles/ sources:
Photograph: Daily Maverick/ Deon Ferreira
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