Court orders road repairs between Alldays and Pondrift

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26-06-2026
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Zoutpansberger
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A farm successfully sued for government's failure to maintain a provincial road, but the wrong road agency was cited. Despite the jurisdictional error, the case highlights the ongoing issue of neglected public infrastructure. Remedial work is now underway on the road.

Court ruling exposes service delivery failures on R521

In yet another example of citizens having to approach the courts to compel government to fulfil its service delivery obligations, the Polokwane High Court on 27 May ruled in favour of a local farm over the state of the provincial road between Alldays and the Pondrift Border Post (R521) — only for it to emerge afterwards that the wrong authority had been cited as respondent.

The case, brought by Richmond Boerdery CC (applicant) against Road Agency Limpopo SOC Ltd (RAL) as respondent, resulted in the court finding that RAL’s failure to maintain, rehabilitate and repair the road constituted unlawful administrative inaction under section 6(2)(g) of the Promotion of Administrative Justice Act 3 of 2000.

RAL was ordered to take all reasonable steps to render the road safe and serviceable, submit a written plan and implementation timetable within 30 days, and pay costs on an attorney-and-client scale.

However, a significant jurisdictional twist followed the ruling. According to RAL and Department of Public Works, Roads and Infrastructure spokesperson Emmanuel Mongwe, Richmond Boerdery subsequently acknowledged that the R521 falls under the jurisdiction of the South African National Roads Agency (SANRAL) - not RAL - and no longer pursues relief against RAL.

That clarification, while legally significant, nonetheless does nothing to diminish the broader indictment of government’s failure to maintain public infrastructure. The road had deteriorated to the point where a private citizen felt compelled to go to court.

Mongwe stated that the applicant confirmed that remedial work is already under way, with a contractor currently on site carrying out maintenance and rehabilitation.

“The concerns that gave rise to the application are being addressed through the ongoing implementation of the required roadworks,” he said, adding that RAL remains committed to keeping roads in a safe and serviceable condition for all users.