Agri EC: Agri Eastern Cape roads court case

1st March 2017

Agri EC: Agri Eastern Cape roads court case

Agri Eastern Cape is proud to announce that, after a two year process, finality has been achieved on the issue concerning the repair and maintenance of the gravel roads of the Eastern Cape.  The High Court in Grahamstown has given an order to the Provincial Roads Department that:

a)  That within 90 days of the Order contractors be identified for repair of the roads identified in Annexure A of the Order


b)  That within 6 months the Integrated Routine Maintenance Contracts for all other roads be finalised


c)  That, where the Department is not providing proper in-house repair and maintenance services, the Department shall finalise service level agreements with municipalities, or contractors within 6 months of the date of the Order.


d)  That the Department is to provide within 90 days of the Order full details of roads to be resealed and rehabilitated, and to commence with such work within 6 months of the date of the Order.


e)  That the Department implement the “fast response in-house operation” within 90 days of the date of this Order, to address situations where floods or natural disasters require immediate interventions.


f)  A detailed procedure has been set out which will enable farmers, who are members of Agri Eastern Cape, to notify the Department, to obtain quotes for repairs, authorise the work, pay the contractors, and obtain refunds from the Department.  Each stage of this process has been circumscribed to allow for interventions by the Department, and ultimately the work must meet with their approval.  A procedure has been put into place to allow a dispute to be referred to the Chairman of the Civil Engineers Association for the district in question for a decision.  Such a decision may be reviewed by a Senior Advocate of not less than 5 years standing; his decision shall be final.


g) There is a similar procedure set out where repairs can be carried out by individual farmers, at the expense of the Department, in the event of an emergency.


h) It has been ordered that the Department shall pay the legal costs of this Application.


In addition, the Department is obliged to file a progress report to the Court on its compliance with this Order on or before 30 May 2017.

 

Issued by Agri Eastern Cape