THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

INQUIRY INTO THE HUMAN RIGHTS IMPLICATIONS OF

POOR ROAD CONDITIONS IN THE EASTERN CAPE
PROVINCE ( NOV 2023)
Executive Summary

The South African Human Rights Commission conducted an inquiry into the impact of
poor road conditions on the realisation of human rights in the Eastern Cape Province in
November 2023. The inquiry revealed that inadequate road infrastructure continues to
severely hamper access to essential services, particularly in rural communities, where
the lack of connectivity directly affects access to healthcare, education, economic
opportunities and other opportunities needed. These road conditions have perpetuated
historical inequalities and have resulted in ongoing human rights violations.

A key finding of the inquiry is that the persistent lack of road maintenance and
development contributes to widespread violations of fundamental rights, including access
to education as guaranteed by Section 29 of the Constitution, the right to healthcare under
Section 27, and the right to safety and security under Section 12. These rights are
significantly compromised, particularly in rural areas where road infrastructure remains
grossly inadequate.

The poor state of roads has a devastating impact on critical sectors, especially agriculture,
tourism, and emergency medical services (EMS). Farming communities are struggling to
transport goods due to inaccessible and dilapidated roads, limiting their ability to access
markets and resulting in severe financial losses. The tourism sector, which is vital for the
province's economy, particularly in scenic areas like Hogsback, faces significant
challenges due to poor road conditions, leading to a decline in tourists and economic
stagnation in the region. Moreover, the inquiry highlighted that emergency medical
services are severely hampered by road inaccessibility, with delays in reaching patients
often resulting in avoidable deaths. In some instances, the Department of Health has
encountered legal action due to delayed EMS responses, adding further pressure on
already strained healthcare resources.

One of the most pressing issues identified is the substantial backlog in road infrastructure
development in the Eastern Cape, with only 9% of roads being paved, compared to the
national average of 25%. This backlog, a legacy of historical neglect, is exacerbated by
the lack of sufficient funding and poor infrastructure planning. The province remains
trapped in a cycle where insufficient road development leads to diminished economic
opportunities, further entrenching poverty and inequality.

The Commission has made several recommendations to address these issues, starting
with the National Treasury, which must urgently address the province's infrastructure
backlog by increasing funding allocations. Exploring alternative funding mechanisms,
such as a once-off fuel levy, could be an effective strategy to bring the province’s road
infrastructure up to par with the national standard, while also stimulating economic
development. The Department of Transport, both at national and provincial levels, must

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prioritise the upgrade and maintenance of critical routes that serve key facilities such as
hospitals, schools, and police stations. In particular, the road networks that serve the
agricultural and tourism sectors must be given special attention to ensure that these vital
industries can operate effectively and contribute to the provincial economy.

District municipalities must also play a critical role in ensuring that road maintenance
grants, such as the Provincial Roads Maintenance Grant (PRMG), are fully utilised. The
adoption of systems like the Road Asset Management System (RAMS) will enhance
planning and resource allocation. Additionally, it is recommended that district
municipalities ensure each local municipality has a fully operational yellow fleet to carry
out routine and emergency road maintenance, thus reducing dependency on provincial
intervention.

SANRAL, as a key player in national road management, must engage more frequently
with the Office of the Premier to take over the management of provincial roads. This would
enable the prioritisation of road maintenance and improvements across the Eastern
Cape, with a clear focus on addressing the backlog and ensuring that the province
reaches parity with other provinces in terms of road infrastructure within a targeted
timeframe.

It is therefore against the above that the Commission finds that the current state of road
infrastructure in the Eastern Cape continues to violate human rights, and without
significant intervention, these violations will persist, worsening the province's economic
and social challenges. The Commission is convinced that through the adoption and
implementation of the recommendations in this report, human rights violations caused by
inadequate road infrastructure can be mitigated, allowing future generations to
experience improved access to services, opportunities, and livelihoods in the Eastern
Cape. Immediate and bold action is required to address these issues and ensure that the
people of the Eastern Cape are afforded the dignity and opportunities guaranteed by the
Constitution.

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ACKNOWLEDGEMENTS

The South African Human Rights Commission extends its deepest gratitude to all the
communities across the Eastern Cape who participated in this inquiry, sharing their
experiences and challenges regarding the impact of poor road conditions. Your voices
were critical in shaping the findings of this report. We also acknowledge the contributions
of stakeholders from both the private and public sectors, including government
departments, agricultural cooperatives, and the tourism industry, whose insights provided
a comprehensive understanding of the issues at hand.

A special thanks is owed to Commissioner Philile Ntuli, Dr Siyabulela Fobosi as well as

Dr Eileen Carter who constituted the panel of this inquiry. Further, acknowledging the
Eastern Cape Provincial Office of the SAHRC led by Dr Eileen Carter, whose tireless
efforts made this inquiry possible. In particular, we recognize Ms. Sikhosonke Mayekiso,
whose dedication was instrumental in driving the success of this inquiry. The commitment,
hard work, and collaboration of the entire team played a vital role in ensuring that this
report accurately reflects the realities faced by the people of the Eastern Cape and
provides actionable recommendations to address these challenges.

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ACRONYMS AND ABBREVIATIONS

AGSA Auditor General

DORA Division of Revenue Act
COGTA Department of Cooperative Governance and Traditional Affairs
MRMG Municipal Road Maintenance Grant
MSA Municipal Structures Act
NRMP National Roads Master Plan
PLTF Provincial Land Transport Framework
PMS Pavement Management System
PPP Public Private Partnership
PRMG Provincial Road Maintenance Grant
RAMS Road Asset Management System
RRAMS Rural Road Asset Management Systems
SAHRC South African Human Rights Commission
SANRAL South African National Roads Agency
SAPS South African Police Services
SARF South African Road Federation
SIP Strategic Infrastructure Project

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TABLE OF CONTENTS

1. Acronyms and Abbreviations…………………………………………………...5

2. Introduction……………………………………………………………………….7
3. Background……………………………………………………………………….7
4. Pre-Inquiry Inspection in Loco……………………………………………….....9
5. Objectives of the Inquiry………………………………………………………...12
6. Submission of evidence/Complaints……………...…………………………. .13
7. Factual Analysis………………………………………………………………….59
8. Legal Analysis and Findings……………………………………………………78
9. Recommendations……………………………………………………………….83
10. Final Comments………………………………………………………………….97

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 Paving the Way: Confronting the Legacy of Neglect in Eastern Cape’s Roads

1. INTRODUCTION

The South African Human Rights Commission (Commission), Eastern Cape Provincial
Office, conducted an inquiry into the impact of inadequate road infrastructure on the
realization of human rights in the Eastern Cape province. This inquiry was carried out in
accordance with the Commission's mandate, as outlined in Section 184(2) of the
Constitution, which authorizes the Commission to investigate and report on human rights
violations and take necessary steps to address any infringements. This endeavor aligns
with the Commission's overarching goal of promoting respect for human rights, fostering
a culture of human rights, and monitoring their observance across the Republic, as
stipulated in Section 184(1) of the Constitution.

2. BACKGROUND

2.1. The Eastern Cape province (EC) is characterised by a vast rural landscape with
communities spread across diverse terrains. Unfortunately, many of these areas
suffer from inadequate road infrastructure, resulting in limited accessibility for
residents, stakeholders, businesses and service providers. The non-accessibility
of roads in rural Eastern Cape poses significant challenges to accessing socio-
economic rights such as education and health care.

2.2. The Eastern Cape Provincial Office (ECPO) has over the years received
complaints relating to the inaccessibility of roads in the province.1 These
complaints were identified as potential systemic violations of human rights, leading
to the commencement of the inquiry. Below includes the complaints received:

2.2.1. EC/1920/0331 – A complaint was lodged in November 2019 on behalf of the

Mantlaneni Community, in Lusikisiki regarding the inaccessibility of the access
road leading to Mantlaneni. The access road is severely dilapidated, significantly
impacting the transportation of scholars in the area as well as access to the
Hlababomvu Police Station and Mantlaneni Clinic. The Mantlaneni Clinic serves
as the primary health care facility to various surrounding villages. The SAHRC
forwarded various communication to the DOT with no response.

2.2.2. EC/2122/0372 - The complaint was received in March 2022. The complaint in
question relates to the condition of the access road leading to Zigudu community,
in Cofimvaba. The road is reportedly dilapidated rendering it completely

1
The complaints represent a subset of complaints received in recent years; it is worth noting that the ECPO has continued to receive
similar complaints after the conclusion of this inquiry. While some complaints have been brought to the attention of the ECPO
through published articles of media interviews, others were provided by affected individuals or communities.

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 impassable for motor vehicles and this poses challenges for emergency services,
such as ambulances and the police, as they are unable to reach the area due to
the road conditions. Scholar transportation is also affected, as the road becomes
impassable during wet weather, resulting in learners being unable to attend school.
Moreover, the inaccessibility of the road hinders public transportation options for
villagers during rainy weather. The community has engaged the Department of
Transport (DOT); however, no assistance has been provided. Despite
acknowledging the road’s dilapidation, the DOT cited budgetary constraints as the
reason for not repairing.

2.2.3. EC/2021/0216 – This matter relates to a complaint that was lodged against the
Mnquma Local Municipality, in January 2020, regarding the deplorable state of the
road leading to Thafalofefe Hospital from Butterworth. The Thafalofefe Hospital is
the only healthcare facility in the Centane region. The condition of the road renders
the hospital inaccessible during inclement weather. The Commission addressed
correspondence to the Municipality with oversight; however, no response has been
received to date.

2.2.4. EC/2122/0042 - The complaint was lodged in May 2021 on behalf of the Gwatyu
Farms Community, in Queenstown. The complaint relates to the R351 access road
in Gwatyu and other roads in the community, which are reportedly dilapidated,
rendering them inaccessible, particularly during adverse weather conditions. The
poor road conditions prevent emergency services, such as the police and
ambulances from accessing the area. Scholar transportation is also affected as
the road becomes impassable in wet weather. Despite lodging numerous
complaints with the Chris Hani District Municipality, the community has not seen
any improvements.

2.2.5. EC/2122/0241 - This complaint was lodged with the Commission, in December
2021, on behalf of the Gcibhala Village, situated in Tsomo, under Intsika Yethu
Municipality. The complaint highlights the lack of proper road infrastructure,
rendering most of the sub-villages in Gcibhala inaccessible. The community
resorted to constructing their own roads without proper equipment. The road
leading to Gcibhala is dilapidated and impassable for motor vehicles. Emergency
services, including ambulances and the police are unable to access the area.
Scholar transportation is implicated to the road’s impassability. Villagers are forced
to physically carry the sick and deceased to the nearest Mandlovini Village in order
to access ambulances. The community’s attempts to engage with the Municipality
have been unfruitful. The Commission addressed correspondence to the
Municipality with oversight, however, no response has been received to date.

2.2.6. The above complaints illustrate the crucial role that road infrastructure plays in
ensuring the enjoyment of basic human rights and facilitating access to socio

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 economic rights, especially in rural communities. Poor road infrastructure can (and
in the identified communities may have proven to) impede access to healthcare
facilities, emergency medical services, timely medical treatment and police
services.

3. PRE-INQUIRY INSPECTION IN LOCO

3.1. The ECPO further conducted road inspections encompassing thorough

assessments of the road infrastructure in the Cwebeni, Xorha, and Centane
regions. The observed conditions across these regions consistently reflected a
state of dilapidation and disrepair, revealing various indicators of inadequate
maintenance, erosion, dust accumulation, and rough surfaces.

3.2. Centane Region

In the Centane region, a significant portion of the roads, characterised by single-

lane structures, exhibited signs of slow dilapidation. The route towards Thafalofefe
Hospital presented a progressively deteriorating condition, marked by evident road
erosion, rough surfaces, potholes, and dust accumulation. These factors
collectively contribute to the challenging environment for vehicular movement,
particularly impacting access to crucial health care services. Noteworthy is the

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 presence of narrow passages requiring vehicles to take turns, amplifying the
complexities of transportation in the area.

3.3. Cwebeni Region

Cwebeni, a community continuously affected by floods, represented substantial

road erosion, indicative of an absence of effective flood or water drainage systems.
The general state of the roads throughout the inspected areas consistently lacked
surfacing, displaying visible signs of weathering, lateral splitting, and presenting
dangerously narrow thoroughfares. Specific instances necessitated drivers to
navigate perilously close to the road's edge, rendering them impassable during
adverse weather conditions.

3.4. Xorha Region

Similar adversities were noted in Xorha, where roads displayed characteristics of

erosion, dustiness, and rough surfaces, coupled with a notable scarcity of public
transportation. The consequential impact on community members is evident, as
they confront formidable challenges in accessing fundamental services, with
students enduring extensive walks to reach educational institutions. The
prevalence of potholes further compounds these challenges, posing risks to both
pedestrians and drivers.

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3.4.1. From the complaints received, the Commission’s own monitoring activities as well
as its inspections, the Commission assessed that the challenges perceived have
far reaching consequences for marginalised communities. It goes beyond
infringing on the right to, for example, adequate healthcare and encompasses
various other concerns, as also highlighted in the Commission’s hearing report,
titled “Access to Emergency Medical Services in the Eastern Cape”. This report
sheds light on numerous factors hindering access to emergency medical services
in the rural EC. One significant factor cited in the report is the state of disrepair of
the roads with the EC reportedly “having the worst gravel road network in the
country”, primarily due to funding constraints leading to inadequate road
maintenance.

3.4.2. The inaccessibility of roads in EC, as pointed out above therefore presents a host
of other notable challenges. These include but are not limited to:

3.4.2.1. Right to education: as many learners in the respective communities’ face

difficulties in attending school regularly, resulting in interruptions to their
education. In some instances, learners’ resort to utilising unsafe alternative
modes of transportation pursuant to accessing their right to education.

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3.4.2.2. Right to Freedom of Movement: poor road infrastructure, especially in some of
the above noted communities, has been alleged to limit freedom of movement
and their inability to participate in social and economic spaces.

3.4.2.3. Access to employment and economic opportunities: the lack of infrastructure in

the identified communities has hindered socio-economic development as the
lack of proper roads can isolate communities and impede access to
employment opportunities further relegating these communities to the fringes.

3.4.2.4. Additionally, the inaccessibility of these communities due to poor road

infrastructure, delays and/or hinders access to basic services. Such as the
maintenance and improvement of the housing conditions, delivery of clean
water and sanitation services, impact their right to food and access to essential
services.

3.4.2.5. As such, this issue prompted the Commission to initiate an inquiry to address
the identified systemic challenges and their wide-ranging consequences for
marginalised communities and the tourism sector.

4. OBJECTIVES OF THE INQUIRY

4.1. The objective of the inquiry was to assess the effectiveness of measures
implemented by key stakeholders such the Department of Transport and relevant
municipalities in addressing the issue of deteriorating road infrastructure in
identified communities. This involved a thorough evaluation of plans or strategies
devised by the stakeholders to tackle the problem at hand.

4.2. Additionally, the inquiry aimed to uncover the factors contributing to the
degradation of roads in these communities. It sought to investigate potential
mismanagement practices or inefficiencies in the maintenance processes of road
infrastructure. By examining the efficacy of existing monitoring mechanisms, if any,
the inquiry aimed to identify gaps or deficiencies and pinpoint areas for
improvement to facilitate appropriate action.

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5. SUBMISSIONS

5.1. The Commission invited several key stakeholders to the inquiry. The participants
were identified in respect of their knowledge, involvement as well as level of
responsibility towards the concerns raised by the Commission. Although mainly
based within the Eastern Cape, the participants shared information and concerns
which may be superimposed on a national level. The Commission received
submissions from the various participants and key stakeholders:

5.1.1. COMPLAINANTS

5.1.1.1. Mr Simthembile Myekwa

Mr. Simthembile Myekwa (hereinafter “the Complainant”), a resident of Mantlaleni in

Lusikisiki, brought attention to a range of challenges encountered by his community in his
submission. The Complainant noted that a considerable portion of eMantlaneni's
population grapples with unemployment and suffers from impoverished living conditions,
prompting many to seek better opportunities in urban areas. Access to essential services,
such as running water, is severely limited, compelling residents to resort to collecting

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water from contaminated rivers. Additionally, he further highlighted the irregular
maintenance of the gravel roads, specifically mentioning the road from R61 to T-153 and
T-155, and identified numerous potholes that present significant obstacles for commuters.
To illustrate the extent of the road conditions within his community, the Complainant
provided the image below, serving as a visual representation of the deteriorating road
conditions in Mantlaneni, highlighting the risks posed by unpaved and poorly maintained
roads, particularly during adverse weather conditions.

Image 1:

Source: Mr Simthembile
Myekwa (“Complainant”)
He further averred that, due to
the deplorable road conditions,
access to healthcare is severely
compromised in the area. The
local clinic lacks an ambulance,
leaving patients with no choice
but to rely on slow private
transport, which exacerbates
the situation. Pregnant women,
in particular, are at risk of giving
birth enroute to distant hospitals
due to the unavailability of timely
medical assistance.
Additionally, essential services such as Home Affairs and the Post Office are challenging
to access, especially for those dependent on government grants, as transportation costs
strain their already limited budgets.

Despite the presence of a police station offering some level of security, response times
are significantly hindered by the poor road conditions. Moreover, professionals residing
in town, including teachers, police officers, and nurses, encounter difficulties commuting
during heavy rainfall, fearing accidents and punctures on the road. The T-153 Road
serves as a crucial artery, connecting over 10 locations and highlighting its indispensable
role in enhancing community mobility and accessibility.

5.1.1.2. Amathole Tourism Association

AMETA, a nonprofit organisation dedicated to advancing rural tourism in the expansive

Amatola region, highlighted numerous challenges it encounters in fulfilling its mission.
AMETA submitted that many roads in Hogsback play a pivotal role in facilitating tourism
activities within the area. The organisation's sphere of operation extends well beyond
Hogsback, encompassing areas stretching from Fort Beaufort in the west to Stutterheim

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in the east, and from Gonubie in the south to Cathcart in the north, intersected by the
crucial R345 route. This route serves as a vital artery for tourism, timber extraction, and
agriculture, facilitating the transportation of livestock, milk, and other agricultural products.

Upon assessing the condition of the R345 route, which serves as the primary access
route to Hogsback, AMETA argued that this route is only suitable for larger vehicles, such
as four-wheel drives, especially during adverse weather conditions or heavy rainfall.
Standard cars are deemed inadequate for navigating this road due to its current state.
Despite ongoing efforts to repair the tarred section of the Hogsback Pass, particularly
addressing potholes, these measures are deemed insufficient in adequately addressing
the road's deteriorated condition. While acknowledging the significance of the R345 route
beyond tourism, it is just one aspect of the issue. Additionally, there exists a network of
dirt roads connecting all the villages and historical attractions in the area, which also
require immediate attention and investment to ensure the continued growth and
prosperity of the region's tourism industry.

Considering these challenges, it was asserted that the impact of poor road conditions
extends beyond inconveniences experienced by regular road users and encompasses
the inaccessibility of tourist destinations or attractions within Hogsback. For instance,
areas such as Hobbiton and Seymor become completely inaccessible during inclement

15
weather, and the latter can only be accessed by certain vehicles. Consequently, the
Amathole region is being promoted as an adventure destination, accessible only by 4x4
vehicles and bikes. Moreover, certain roads become unusable and inaccessible when
approaching from specific routes. For instance, with DR7300 rendered unusable, logging
trucks are compelled to use the R345, hastening the road's degradation.

The logging industry exacerbates road wear during harvesting seasons, with trucks
transporting timber continuously for 24 hours a day over two months. This constant traffic
contributes not only to noise pollution and dust but also significantly impacts road quality.
As a result, the roads endure heavy traffic from 50 to 60-ton trucks over the years,
necessitating constant patching. During rainy periods, inadequate drainage combined
with heavy truck traffic leads to the rapid degradation of patched potholes. Despite efforts
to repair potholes, they quickly deteriorate under the strain of heavy trucks, perpetuating
an endless cycle of road maintenance. Contractors engaged for repair and maintenance
tasks have indicated the futility of mere patchwork due to the road's susceptibility to quick
deterioration, particularly during rainy seasons. These trucks include logging trucks, milk
trucks from dairies, and vehicles delivering goods to local supermarkets.

The significant repercussions stemming from the inadequate road conditions are said to
have prompted shift in the trajectory of tourism growth. It is argued that Hogsback
witnessed a notable alteration in tourism dynamics prior to 2000. Initially, the region
recorded an estimated 10 to 12,000 bed nights annually within the formal hospitality
sector. However, with the emergence of touring the Hogsback Pass around 2010, there
purportedly occurred a remarkable upsurge in tourism. Despite only the upper section of
the pass being toured, while the lower section had previously been tarred, this growth
was exponential, elevating bed nights from approximately 15,000 to a peak of around
50,000 annually.

As stated by AMETA, the average tourist in South Africa typically spends about 2,000
rand per day on various tourist products, encompassing meals, accommodation, events,
and crafts. Despite the Eastern Cape being recognized as a more budget-friendly tourist
destination, recent statistics suggest that tourists spend approximately 1,750 rand per
day in the region. Nonetheless, this still equates to an estimated annual tourism turnover
of 87.5 million rand for Hogsback and its immediate environs, underscoring the enduring
allure and economic importance of the area. Despite Hogsback boasting numerous
attractions, a significant portion of them remains unexplored due to poor road conditions.
For example, the Kubusi Kingdom boasts more forts than the entirety of South Africa
combined; however, it is posited that about 90% of them remain inaccessible due to road
conditions. Moreover, the area possesses a rich tapestry of cultural diversity and historical
significance unmatched elsewhere in the country. However, notwithstanding these
features, there exists a significant challenge in effectively transporting tourists to these
sites.

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AMETA argued that the expansion of the tourism sector relies not solely on attracting
tourists but also on the availability of personnel to support it as a service-oriented industry.
The hospitality sector, in particular, is heavily reliant on labour, allocating a substantial
portion—around 30 to 33%—of its turnover to employment. This indicates that Hogsback
contributes an estimated 26 to 28 million rand annually to salaries and wages in the
region, underscoring the crucial role of employment generation in sustaining the local
economy. From a socioeconomic perspective, it is argued that individuals engaged in
various tourism-related activities, whether in full-time formal positions, Airbnb hosting,
tour guiding, crafts, or hospitality services, play a pivotal role in channelling revenue into
the local economy.

The primary concern revolves around the diminishing demand for accommodations,
decreasing by approximately 7% every two weeks. This fiscal year has witnessed a
significant 30% decline, attributed to two main factors: conflicts with the forestry industry
and the adverse effects of heavy truck traffic on the roads. The experience of trailing a
logging truck along the Hogsback Road, engulfed in dust with narrow lanes hindering
overtaking, exemplifies the challenges encountered. Consequently, potential visitors are
dissuaded, resulting in a reduction in both visitor numbers and revenue instead of the
anticipated growth.

While the condition of the roads undoubtedly plays a significant role, it was submitted that
it is essential to acknowledge that other factors may also contribute to the decline. This
encompasses the impact of both the COVID-19 pandemic and the prevailing economic
conditions. It was noted that certain businesses experienced unforeseen advantages
owing to adequate insurance coverage. Following the onset of the pandemic, there
purportedly occurred a marked increase in visitors to Hogsback, leading to a substantial
upsurge in profits. This surge amounted to a noteworthy 62.7% increase above the three-
year pre-COVID average, adjusted for a 6% inflation rate. The rise in visitors was primarily
driven by affluent South Africans exploring domestic destinations like Hogsback, given
the restrictions on international travel.

Beyond its effects on tourism, the condition of the roads poses hazards for pedestrians.
Despite efforts to mitigate risks through the installation of speed bumps, challenges
persist due to the difficulty of placing obstacles without obstructing pedestrian pathways.
Consequently, the central area of Hogsback has become particularly perilous, with school
children and commuters compelled to navigate around vehicles manoeuvring to avoid
potholes. Furthermore, road maintenance in Hogsback has been inadequate for the past
decade, exacerbating safety concerns and impeding essential services. The deteriorating
roads not only affect medical response, mountain rescue, and police services but also
impact local businesses, including the security company, which faces difficulties in
maintaining sufficient response vehicles due to budget constraints. Additionally, the
prolonged neglect of road maintenance has been a longstanding issue, and despite
sporadic attempts to address road conditions, such endeavours have proven insufficient,

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resulting in a cycle of temporary fixes and subsequent deterioration.

Reflecting on past attempts to improve road infrastructure, AMETA submitted that there
have been instances of incomplete projects and mismanagement of resources. For
instance, a significant investment in road resurfacing in 2010 failed to address the
fundamental issues, leading to subsequent disruptions and financial losses. Similarly, a
court case against a construction company further disrupted road improvement initiatives,
highlighting systemic challenges in project execution and governance. This issue
prompted engagement with the local municipality, but these efforts did not yield concrete
results. Although the provincial government at the district level deployed personnel to
assess road conditions and carry out patchwork, the lack of significant action has spurred
community-driven initiatives aimed at road maintenance. One such initiative involves the
establishment of a dedicated bank account to allow community members to contribute
funds specifically for filling potholes. Additionally, local farmers have taken proactive
steps, such as pooling resources and using privately acquired graders and equipment to
repair roads.

AMETA contends that there is a pressing need for road maintenance and improvement
in Hogsback. Past endeavours have fallen short of achieving lasting solutions,
highlighting the urgency of addressing pedestrian safety concerns, ensuring the provision
of essential services, and revitalising the local economy.

5.1.2. UNIVERSITIES, CHAPTER 9 INSTITUTIONS AND NON-GOVERNMENTAL

ORGANISATIONS

5.1.2.1. RHODES UNIVERSITY (PUBLIC SERVICE ACCOUNTABILITY MONITOR)

The PSAM submitted that safe, accessible public roads and transport are vital for a range
of development objectives for any country. Stating that, in South Africa, road and transport
accidents are significant causes of injury and fatalities. Key amongst the factors leading
to road accidents is poor road conditions, including potholes, uneven surfaces, and
inadequate lighting. Whereas, in relation to provincial road infrastructure, the Eastern
Cape Department of Transport notes the following in the 2022/23 Annual Report:

“The provision of quality transportation infrastructure is still constrained by the backlog

that can be attributed to the apartheid homeland legacy and inadequate funding. Only 9%
of provincial roads are surfaced compared to the average of 25% for the entire country.
This amounts to a backlog of over 1358 km of provincial surfaced roads to bring the
Eastern Cape into alignment with the average of the other Provinces.”

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Furthermore, the PSAM noted the admission by the Department that “(d)ue to funding
constraints, priority will be placed on paved roads due to the critical stage of their relatively
high asset value that can still be preserved” and argued that this is of particular concern
given the deteriorating conditions of current roads and a worsening provincial economic
climate. Alarmingly, the Department in its 2022/23 Annual Report admits that at the
current pace and fiscal allocations no new capital projects will be possible until 2044.

In its review of the 2023 budget, PSAM submitted that there were important trends to take
note of. Particularly the significant growth planned for capital spending, which included
transfers to government agencies or a range of functions including road infrastructure and
increases in transfer for large infrastructure to local government. This analysis is based
on the National Public Infrastructure Spending Growth: 2019 – 2024, as seen below:

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The situational analysis as provided by the Department itself is dire. Where the provincial
road network is concerned, the Department reports that the province has an unpaved
road network of about 90.8% of the total network of +/- 40 000km. Only 9.2% of the
provincial road network is reportedly paved. This is at a significant contrast to the 25% of
paved road networks for the entire country, amounting to a backlog of over 1 358
kilometres of provincial surfaced roads required to bring the Eastern Cape into alignment
with the average of the other provinces. In spite of this - unpaved roads will receive limited
priority owing to what the Department refers to as ‘funding constraints. The Department
attributes the significant road infrastructure backlog primarily to funding constraints. From
an accountability perspective, it is notable that while a requirement of the Division of
Revenue Grant (the Provincial Roads Maintenance Grant - PRMG) is that the Provincial
Treasury must, via its equitable share, provide the equivalent quantum for its respective
Transport Department, this reportedly is not undertaken in the Eastern Cape. Instead, the
Eastern Cape Province reportedly draws primarily on the PRMG for road infrastructure.

In relation to upgrades, the Department’s annual average allocation amounts to R750

Million for road upgrades. This - along with the Department’s budget decreases year-on-
year (see chart below) is noteworthy. According to the Department’s most recent annual
report - this funding context means they are only able to afford 42 km per annum where
an average cost of R18 million per kilometer is applied.

Expenditure of the Provincial Roads Maintenance Grant (PRMG) is vital. This grant was
introduced in 2011/12 as a means of supplementing funding sources for road construction
and maintenance. Amongst the objectives of the PRMG is to supplement provincial
projects for the repair of roads and bridges damaged by unforeseen incidents, including
natural disasters; and (importantly), to improve road safety with a special focus on
pedestrian safety in rural areas. The conditional grant allocation criteria includes the
following;
➢ The extent of the provincial road network (gravel/paved), the traffic volumes, the

20
visual condition indices on the network and geo-climatic and topographic factors.
➢ Unallocated amounts in 2022/23 and 2023/24 will be allocated as an incentive based
on the level of service efficiency achieved in road project investments undertaken.

The PSAM further argued that road infrastructure involves multiple spheres of
government, stating that it is vital that municipal authorities, where relevant are also held
accountable for the delivery of and transparent reporting on related plans.

In terms of planning and challenges relating to it, the Department’s Annual Report
explains: “The development of the Provincial Transport Master Plan which seeks to
provide direction on how to address the backlog and also define a more systematic
approach in infrastructure investment is in the finalisation stages of completion.

The Department further states that in addressing the 1 358 km backlog of several hundred
major culverts and bridges, a commitment was made to upgrade 1 732 km from gravel to
surfaced standard since 2007. Reportedly, only 22% (373 km) has been upgraded to
date. An issue that is not unique to the Department is inefficient or weak maintenance of
capital infrastructure. The need to improve in this area is highlighted in planning
documents. However - given the budget constraints and dire need in the province, PSAM
argued that there is a need for oversight entities such as the legislature to compel the
Department to develop and report against asset management plans that not only reflect
the status quo of all roads across the province but also current maintenance levels and
expenditure. It is encouraging to note that the Department reports that the tender for the
managing consultant was awarded and conditions assessments of road assets are
underway.

5.1.2.2. AgriEC

AgriEC drew attention to the significant challenges confronting both the agricultural sector
and rural communities as a consequence of the deteriorating road infrastructure across
the province. This issue was not only undermining economic viability and employment
prospects but also obstructs access to farms, markets, and emergency services,
particularly during adverse weather conditions, with rural communities bearing the brunt
of the impact. Furthermore, the substandard road conditions exacerbate job losses,
escalate transportation expenses, and diminish market competitiveness for farmers,
resulting in delays in transporting produce to harbours and compromising revenue
generation within the agricultural sector. Certain regions, such as Tsitsikamma,
Alexandria, Cradock, Patensie, Sundays River Valley, and Langkloof, are profoundly
affected by road degradation, requiring prioritised infrastructure upgrades.

21
Notwithstanding facing budgetary constraints, AgriEC put forth actionable
recommendations aimed at optimising fund utilisation. These suggestions include the
engagement of local contractors familiar with the area's roads, aligning the tender process
with private contractor rates, and formalising project steering committee meetings to
effectively prioritise critical roads. In response to these challenges, AgriEC pursued legal
action against the ECDOT, seeking a structural interdict to establish a procedure allowing
farmers to lawfully undertake emergency road repairs under departmental supervision.
Additionally, the proposal includes involving public individuals in executing necessary
work under departmental supervision during emergencies, coupled with the
implementation of a comprehensive quality control system to ensure adherence to
specified standards throughout the project lifecycle.

5.1.2.3. Auditor General South Africa (AGSA)

In its submission, the AGSA provided comprehensive insights into the auditing
procedures concerning financial statements and supplementary audits concerning pre-
performance information and compliance. Within the province, three government bodies
oversee the road network: SANRAL for national roads, ECDOT, and local government.
In assessing the financial management practices, particularly within the ECDOT over the

22
past few years, the AGSA noted stagnation in audit outcomes, resulting in repeated
instances of fruitless and wasteful expenditure. While initially attributed to scholar
transport, issues with contractors and roads also contributed to these outcomes.

At the time of reporting, the ECDOT received a qualified audit, a status it has held since
2018-19, primarily due to similar issues.

The AGSA highlighted various instances of fruitless and wasteful expenditure, including

23
overpayments totalling R 29 million for scholar transport and R 1.2 million for consultant
fees. Issues with road construction also led to an estimated understatement of R 33
million due to overpayment for materials and an additional understatement of R 11.9
million due to incomplete projects. The AGSA further pointed out irregular expenditure
related to the National Land Transport Act, amounting to R 215 million, associated with
the renewal of the Algoa Bus Company contract without proper procurement procedures.

Moreover, systemic weaknesses in contract management and financial controls within

the ECDOT were evident. Instances of missing assets, regression in audit opinions, and
issues with contract terminations highlighted these weaknesses. Despite ongoing efforts
to address these challenges, progress has been slow, with significant road and bridge
repair projects facing delays due to contracting and payment issues.

In addition to these challenges, deficiencies in project management and local government

performance were noted. A significant portion of municipalities reported material findings
on performance reports, indicating broader governance issues. Concerns regarding the
mismanagement of disaster relief funds further compounded these challenges.

To address these issues, the AGSA emphasised the need for improved leadership,
governance processes, and consequence management. Investigations into financial
mismanagement have been initiated, and additional powers have been invoked to ensure
accountability. However, challenges persist, particularly in budgeting processes, contract
management, and debt recovery efforts, underscoring the need for comprehensive
reforms and improved oversight mechanisms within the ECDOT and local government
structures.

5.1.3. Amadlelo Agri (Ncora Irrigation Scheme)

In its submission, Amadlelo highlighted the fundamental importance of road access in

shaping its operational framework, particularly concerning commercial farming activities
at the Ncora Irrigation Scheme and Seven Stars Co-op. The Ncora Irrigation Scheme
operates through a partnership involving ten villages that have formed a producer
assembly secondary co-op. Conversely, the Seven Stars farm benefits 35 members from
the primary co-op and spans across 5,472 hectares, housing a livestock count of 8,167,
which includes both cattle and sheep crucial for breeding programs. The farm employs
176 staff members, including students undergoing service training. Milk sales from Seven
Stars are divided, with roughly 50% sold to Sunningdale and the remaining 50% sold
locally, with a portion utilised within the community for various purposes.

However, there has been a noticeable decline in Seven Stars' output, with annual milk
production plummeting from 10 million to approximately 4 million litres, leading to the
cessation of factory operations. This downturn has had severe economic repercussions,
resulting in reduced employment opportunities and income for beneficiaries, further

24
exacerbating local unemployment rates. Additionally, challenges in quantifying the farm's
exact monetary value persist, hindering potential investment attraction due to inadequate
infrastructure. Furthermore, concerns arise regarding the quantity of locally sourced
concentrate, as a significant portion of maize is procured from distant areas, incurring
substantial expenditures. Redirecting this expenditure locally could potentially generate
more value within the community. Although the farm previously supported local farmers
through irrigation initiatives, recent challenges have rendered such endeavours less
feasible.

Amadlelo contends that the farms cannot operate to their maximum capacity due to
persistent challenges arising from infrastructure limitations, particularly during the rainy
season when road conditions deteriorate, hampering transportation, disrupting supply
chains, and compromising product availability in the market. Costly interventions, such as
engaging excavators to address truck failures and road blockages, further strain
operational budgets. Despite sporadic road maintenance efforts, infrastructure
challenges persist, necessitating urgent action to bolster support for local businesses and
promote community well-being. To address this issue and its far-reaching impact,
Amadlelo asserts that it has engaged with the municipality numerous times, resulting in
some temporary improvements. However, the long-standing promise of road repairs
remains unfulfilled. Despite advocacy efforts by Amadlelo, the road situation has seen
little substantial progress, perpetuating a state of infrastructure inadequacy that continues

25
to impede business operations and daily life for residents.

5.1.4. Trust for Community Outreach and Education (TCOE)

According to the submission by the TCOE, it argued that despite the Eastern Cape Rural
Transport Plan: Strategic Framework 2004-2014, substandard road infrastructure
continues to persist, posing significant challenges for the predominantly rural population
reliant on these roads for daily travel. Stating that the plan, intended to enhance access
to economic opportunities and social services, ensure affordable transport, prioritise
safety and quality, promote transport integration, and optimise resources, has not
effectively addressed the ongoing deterioration of roads.

The TCOE's submission highlights specific instances of deteriorating road infrastructure,

particularly concentrated in former Bantustans like Transkei and Ciskei. These examples
were said to highlight a historical legacy of neglect dating back to apartheid-era spatial
development plans, which further exacerbates the marginalisation of rural communities.
For example, roads in villages under the Amathole municipality, such as the routes from
Debe Nek to Breakfast Vlei and from Dimbaza to Masingatha village, remain unpaved
despite promises made by the Department of Roads and Transport in 2014. Similarly,
routes connecting Sakhisizwe and Intsika Yethu local municipalities, like those from Cala
through Askeaton to Cofimvaba, exhibit severe deterioration, ignoring residents' calls for
improvements and fostering a sense of abandonment.

In urban areas like Cala, Khowa, Mdantsane, Berlin, Stutterheim, Cathcart, Makhanda,
Motherwell, and Uitenhage, inadequate internal roads contribute to resident
dissatisfaction and even legal disputes. Furthermore, in villages like Scambeni in the
Nyandeni Local Municipality, the inaccessible road to the sea severely impacts fishers,
highlighting prolonged neglect with dire consequences for resident' livelihoods and overall
well-being.

The TCOE highlighted that these specific cases reveal a stark reality for residents who
rely on these roads for their daily lives. From unpaved routes in rural villages to
inadequate internal roads in urban centres, the impact of substandard infrastructure is
felt, leading to discontent, legal actions, and adverse effects on livelihoods.

5.2. DISTRICT MUNICIPALITIES

5.2.1. Chris Hani District Municipality (CHDM)

The submission provided by the CHDM outlined its involvement in infrastructure

assessment, particularly road conditions, and its utilisation of the Roads Maintenance
Grant, aimed at addressing road infrastructure challenges within its jurisdiction. Over the
2021/22 financial year, the municipality allocated 100% of the grant toward road

26
maintenance, reflecting the pressing need due to the state of roads in the area.

The CHDM submitted that it assists local municipalities in accessing disaster relief funds,
contributing to disaster management efforts. The district has been allocated an RM grant
of R 9 million over three years, with a contracted service provider assisting in RM work,
particularly focused on gravel routes. However, challenges persist with specific roads,
including the Asset Road leading to Zuku Community and Routes R35 and R61, all
exhibiting poor conditions despite discussions with the Eastern Cape Department of
Transport.

The impact of poor road conditions on accessibility to basic services is significant,

affecting communities' access to essential services, especially during adverse weather
conditions. Scholar transport, healthcare access, and industries such as dairy farming are
adversely affected, impacting economic development. The CHDM has prioritised
oversight through technical and political forums, monitoring service delivery and outreach
efforts, although challenges such as low revenue collection, infrastructure vandalism, and
disasters persist.

Efforts to enhance revenue collection include the introduction of tamper-free smart

meters, debt collection strategies, and engagement with provincial and national
authorities. Despite limited resources, the CHDM intervenes in road repairs, emphasising
accountability mechanisms within local municipalities. The district relies on RAMS data
to identify roads for repair, with a significant portion of gravel roads in poor condition.

The CHDM recognises the impact of poor road conditions on investment development
and is actively pursuing LED projects to revitalise industries and attract investments,
aiming to improve the district's revenue base and residents' livelihoods in the long run.
Through initiatives in sectors like mining and agriculture, the municipality aims to
transform the socio-economic landscape and improve residents' quality of life.

5.2.2. Amathole District Municipality (ADM)

In its submission, the ADM highlighted in relation to infrastructure, it relies on the RAMS
program to equip it with developing tools for prioritising infrastructure expenditure and
that the maintenance of RAMS is that of the municipality to ensure that RAMS is
maintained after the lifespan of the grant, employ civil engineering graduates to be trained
and skilled in the operation of the RAMS, road infrastructure planning and maintenance,
ensure human resources capacity at municipalities for operation of RAMS and ensure
that it is used for planning Municipal Infrastructure Grant investments (MIG).

Rural roads asset management systems grant2, as seen below,

2
As outlined in the Division of Revenue Act (DORA), this grant is designated to support rural district municipalities in establishing their

27
Source: Amathole District Municipality

5.2.3. Alfred Nzo District Municipality (ANDM)

In the submissions made by the ANDM, it was highlighted that the impact of poor road
conditions significantly affects the quality of life of residents. It was further noted that
irregular road maintenance escalates costs, both directly and indirectly, as neglected
roads often require rehabilitation at four times or more the cost of regular maintenance.
Prompt road repairs, by contrast, tend to be more cost-effective.

The ANDM referenced SANRAL's cost estimates, noting that repair costs can rise up to
six times the maintenance costs after three years of neglect and up to 18 times after five
years. To mitigate such costs, SANRAL allocates available funding resources first to ideal
maintenance actions, such as resealing, and then to more extensive maintenance actions
like light rehabilitation, heavy rehabilitation, or new construction.

There are various mechanisms in place to assist with the facilitation of road maintenance
one of which is the maintenance strategy. As part of the recommendations made by the
ANDM, it was stated that annual visual condition assessments must be conducted to
evaluate the success of the maintenance plan and to update the maintenance and
rehabilitation programs. The ANDM emphasised that it is imperative to inspect roads
identified for maintenance and rehabilitation before finalising the budget and priority list.

road infrastructure, asset management systems, and gathering road and traffic data, aligning with the Road Infrastructure Strategic
Framework for South Africa.

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5.2.4. O.R Tambo District Municipality (ORTDM)

The ORTDM, in its submission, highlighted that throughout the district municipality,
provincial roads exhibit varying conditions, with many provincial and municipal roads
adversely affected by persistent disasters. These recurring challenges have necessitated
the initiation of multiple projects aimed at repairing the damaged infrastructure.
Consequently, significant funding investments have been directed across the five
municipalities to support disaster response and road infrastructure rehabilitation within
the district. This coordinated approach underscores the critical need for ongoing
investment and collaborative efforts to maintain and improve the transport network amidst
the challenges posed by natural disasters.

5.2.5. Joe Gqabi District Municipality (JGDM)

As per the submission from the JGDM, it confirmed that it has jurisdiction over an
expansive area exceeding 2000 kilometers, the district comprises three distinct local
municipalities: Walter Sisulu, Elundini, and Senqu. While JGDM is not directly responsible
for road maintenance, it acts as an agent for the Eastern Cape Department of Transport
(ECDOT), primarily in the Walter Sisulu area. This role extends to the upkeep of
proclaimed provincial farm roads within the municipality's jurisdiction, while other roads
fall under ECDOT's or designated service providers' purview.

The mountainous terrain of JGDM, coupled with variable rainfall patterns—averaging

around 600 millimeters in the East and 1,000 millimeters in the West—poses significant
challenges in road maintenance. These climatic conditions necessitate ongoing upkeep,
exacerbated by the effects of climate change. Intense downpours lead to erosion of
drainage channels, bridge collapses, and loss of road surface gravel, thereby increasing
the demand for maintenance. The decline in road infrastructure quality affects the
frequency of maintenance and supervisory visits to outlying infrastructure and services,
contributing to their deterioration over time. Accessibility issues arise due to inaccessible
areas, hindering outreach and public participation programs.

Consequently, communities frequently report impassable roads, hindering access to

essential services such as clinics, schools, and town centres. Poor road conditions also
affect scholar transport, prolonging travel times for learners. Instances of limited access
to healthcare facilities and law enforcement services have also been noted. The
ramifications extend into agriculture and forestry within the region, where farmers
encounter obstacles in transporting goods from rural areas due to substandard roads.
This situation leads to increased transportation costs passed on to consumers,
diminishing the competitiveness and availability of local agricultural products. Similarly,
the service industry and tourism sector suffer as certain attractions and accommodations
become inaccessible, impacting tourist traffic and the sector's competitiveness.

29
In response, the JGDM council has engaged with the ECDOT to expand road
maintenance beyond Walter Sisulu, resulting in a reduction in complaints. The
municipality involves communities in consultative processes, addresses grievances
promptly, and explores extending its mandate to include more areas. However, limited
financial and resource capacities constrain local municipalities' abilities to address all
challenges simultaneously.

To mitigate these challenges, the JGDM maintains its Service Level Agreement with the
ECDOT for consistent road maintenance and adopts innovative approaches like
increased telemetry usage and social media dissemination. Despite efforts, inadequate
road access in rural areas remains a significant obstacle to government service provision
and economic development.

5.3. GOVERNMENT DEPARTMENTS AND PARASTATALS

5.3.1. Eastern Cape Department of Education

The ECDOE, mandated with providing education, highlighted in its submission the crucial
role of road infrastructure in ensuring accessibility to the right to education and stated that
the challenges it faces as a result of poor road conditions affects its ability to effectively
fulfil its mandate.

Access to education relies on multiples factors and one of those include scholar transport.
The ECDOE argued that the provision of scholar transport remains a crucial determinant
of educational access; however, as it stands it is significantly affected by provincial road
conditions. Challenges associated with scholar transport force learners without access to

30
it to resort to alternative transportation modes, often enduring challenging journeys to
school. Alarming incidents, such as learners crossing rivers during heavy rains, highlight
the dire consequences, sometimes tragic. Consequently, learners face increased dropout
rates and perilous commutes, disrupting their educational pursuits.

Among the myriad factors facilitating education access, scholar transport stands out as
pivotal. The ECDOE contends that its provision remains crucial, yet it is significantly
hampered by provincial road conditions. Challenges associated with scholar transport
compel learners without access to it to seek alternative modes of transportation, often
enduring arduous journeys to school. Alarming incidents, like learners crossing rivers
during heavy rains, underscore the dire consequences, sometimes resulting in tragic
outcomes. Consequently, learners face heightened dropout rates and perilous
commutes, disrupting their educational pursuits. Delays in enrolment further compound
the issue, with younger learners unable to navigate lengthy distances, resulting in late
enrolment. The issue extends to the average age for enrolling in the schooling system in
the province, estimated to be between 8-10 years, as children may not be old enough to
endure long walks, necessitating a delay in entry. Adverse road conditions also impact
educators, particularly in rural areas where they significantly differ from urban areas,
complicating access to educational facilities and deterring personnel retention.

Despite road development challenges, the ECDOE highlighted achievements during the
2019 to 2023 sixth administration, notably the construction of numerous schools across
12 districts. Currently, 471 projects, valued at 4.2 billion, are underway, with 36 high-value
projects totalling a R 1.845 billion allocation for the 2023-2024 Financial Year, directly
aligned with the department's strategic objectives aimed at enhancing pedagogical
practices. Additionally, 250 fencing projects have been initiated, with 122 completed in
the previous fiscal year and 128 ongoing.

To address these challenges, the ECDOE advocates for integrated planning across
governmental levels, optimising resource allocation for maximum societal impact.
Effective planning must translate into tangible implementation.

5.3.2. Eastern Cape Department of Health

The ECDH highlighted the crucial role of road infrastructure in ensuring the delivery of
high-quality healthcare services across the province. It argued that well-maintained roads
are indispensable for efficiently reaching communities and advancing efforts to enhance
healthcare accessibility, considering the province's vast geographical expanse. Beyond
healthcare provision, the ECDH emphasised that its mandate extends beyond facilitating
and ensuring access to healthcare but also entails the transportation of personnel and
essential supplies, including medications and medical equipment, to communities in
need. However, the absence of these vital goods and services undermines its capacity to
deliver effective healthcare, leading to delayed emergency responses, especially during

31
heavy rainfall that damages existing infrastructure, thereby posing potential harm or
fatalities. These delays often culminate in litigation against the department, highlighting
the serious consequences of deficient road infrastructure. Moreover, transport-related
accidents rank among the top five causes of non-natural deaths, necessitating urgent
attention to address road infrastructure deficiencies.

Consequently, the ECDH allocates a significant portion of its budget to maintaining its
vehicle fleet, while frequent motor vehicle accidents due to poor road conditions impose
additional strain on healthcare services. additionally, the ECDH submitted that it actively
engages with local and district municipalities through platforms such as Integrated
Development Plans (IDPs) and the District Development Model (DDM) to advocate for
road infrastructure improvements. Despite these efforts, regional disparities persist, with
certain districts hosting a larger number of clinics compared to others due to differences
in population size and geographic area. Specific challenges highlighted include increased
travel time during emergencies, wear and tear of emergency vehicles, inaccessibility of
certain communities, irregular clinic visits due to vehicle breakdowns, and reluctance by
service providers to deliver goods, thereby affecting healthcare service provision.

The ECDH indicated that the challenges stemming from inadequate road conditions
stretch its capacity to provide comprehensive care, negatively impacting the delivery of

32
quality health services. Thus, it was highlighted that addressing road infrastructure
deficiencies is vital for ensuring the effective fulfilment of the ECDH's mandate and
promoting public health and well-being across communities.

The ECDH further indicated that the state of roads in the Eastern Cape has severely
impacted the ability of Emergency Medical Services (EMS) vehicles to reach patients in
a timely manner. The often impassable roads delay critical response times, leading to
tragic outcomes for those in urgent need of medical care. As a result, the Department of
Health faces a surge in medico-legal claims, as families and communities seek justice for
the harm caused by these delays. The financial burden of these claims is immense,
exacerbating the department’s already strained resources, and highlighting the dire need
for immediate improvements to the province’s road infrastructure.

5.3.3. Department of Cooperative Governance and Traditional Affairs (COGTA)

The inadequate road infrastructure within the province was argued to significantly hamper
COGTA's mission to support municipalities, as it restricts access to areas where
community development initiatives are underway. This consequently hinders the
promotion of cooperative governance. This issue further impacts COGTA's ability to
mitigate disasters and enhance emergency preparedness is observable. The Provincial
Disaster Management Centre (PDMC), tasked with coordinating disaster management,
faces difficulties in reaching certain areas for disaster awareness and response when
incidents do occur. COGTA further stated that municipal executive leadership often
grapples with community complaints regarding overall road conditions. Some
municipalities even seek external funding support to maintain provincial roads and
request SANRAL's assistance in fixing roads outside their mandate when working in the
area. Some of the impact of poor road conditions is seen across various departments.
For instance heavy-duty vehicles, such as those from the Department of Home Affairs,
struggle to reach intended destinations, affecting participatory democracy initiatives like
Ward War Rooms, petition management, and Mayoral Imbizo. Sector departments often
fail to attend scheduled meetings due to the poor road conditions, resulting in suboptimal
outcomes. Other challenges have been observed in specific cases too where for example
municipalities intending to construct water treatment plants in remote rural areas have
faced delays or cost escalations due to poor or non-existent road networks. Similarly, the
establishment and development of townships are often hindered by the lack of accessible
roads, as the availability and condition of access roads are key conditions for approval.
COGTA further contended that there is also a clear correlation between the quality of
infrastructure and community settlement patterns. Communities tend to gravitate towards
areas near major provincial and national roads to ensure easier access to amenities and
services.

In line with the requirements of the Division of Revenue Act Municipal Infrastructure Grant
(DORA MIG) Framework, COGTA is mandated to establish District Appraisal Committees

33
(DACs) to assess planned municipal road projects and influence funding allocation
approvals from the national COGTA. The regulations outlined in Section 47 (1) (b) of the
Disaster Management Act guide COGTA in framing and influencing the institutionalisation
of integrated infrastructure engineering. Catalytic road infrastructure projects in the
province are incorporated into comprehensive plans to promote integrated planning.
COGTA's legislative mandate under the Disaster Management Framework informs an
integrated approach to addressing road infrastructure challenges.

In line with this mandate, and specifically with regard to proposed strategies or
interventions, COGTA suggested proactive planning, including road planning for growth
areas, especially where future human settlements are planned. It further confirmed that it
aims to engage with municipalities to prioritise roads leading to service and business
areas, followed by those connecting community members to their homes. Municipalities
are said to be encouraged to procure yellow fleet vehicles for in-house maintenance of
access roads, rather than relying on external contractors. This recommendation comes
in light of the significant cost associated with constructing gravel roads, which typically
averages around R700,000 per kilometer. Additionally, COGTA emphasised the
importance of urging the DOTt to prioritise the maintenance of provincial roads, especially
to enhance access to rural villages. Ensuring alignment in planning between the
Department of Transport (DOT) and municipalities is crucial to promote seamless road
conditions and mitigate disparities between connector provincial roads and adjoining
access roads.

To ensure the full utilisation of the allocated funds, the department has developed and is
currently implementing the Risk Adjusted Strategy (RAS), where the MEC is championing
forward planning, project procurement before the commencement of the municipal
financial year and realisation of project expenditures earlier than the Division of Revenue
Act (DORA) regulated timelines. The RAS targets are incapsulated in the performance
contracts of Municipal Managers, Chief Financial Officers, Directors for Infrastructure,
Project Management Unit Managers and Supply Chain Managers to facilitate a coherent
approach to infrastructure project implementation. The MEC is further embarking on
periodic RAS monitoring meetings where mayors are made to account on the
infrastructure performance. COGTA is of the view that this enhanced monitoring together
with the convening of support meetings through District Wide Infrastructure Forums
(DWIFS) as well as the technical support will improve the overall infrastructure
performance of provincial municipalities.

34
5.3.4. Department of Economic Development, Environmental Affairs and Tourism
(DEDEAT)`

DEDEAT averred that the Eastern Cape province’s wealth of natural resources, human
capital has promising socio-economic potential. However, the region is faced with
deficient road infrastructure creating barriers to community connectivity and vital
economic endeavours. Historical development biases in favour of urban areas over rural
locales have perpetuated this issue. Throughout the province's nature reserves,
inadequate funding for maintenance and a lack of coordination among governmental
levels persist, prolonging the challenge of access roads. Notably, these road deficiencies
hamper tourism projects, with key sites like viewing decks and chalets suffering damage
or becoming inaccessible. The floods of 2022 inflicted severe damage on nature reserves
such as Hluleka and Dwesa, destroying roads and bridges, complicating access, and
impeding infrastructure development initiatives. Instances like the Tabarha Bridg e and
road sections with visible sinkholes underscore the profound impact of climate change on
infrastructure, underscoring the urgent need for comprehensive improvements in these
reserves.

It was asserted that insufficient road access significantly undermines productivity and

35
discourages potential investors, resulting in divestment, business closures, and
subsequent job losses. Furthermore, inadequate road conditions hamper service
delivery, particularly in consumer protection services, leading to the establishment of a
dedicated call centre for consumer complaints. Sectors like the liquor industry encounter
difficulties in distributing products to outlets and smaller trader establishments due to
transportation challenges. Similarly, trade inspectors face hurdles in carrying out their
duties, exacerbated by heavy rains worsening road conditions province-wide. The
deteriorating access roads not only impact tourism but also impede access to essential
amenities such as settlements, education, and healthcare facilities. Infrastructure projects
in protected areas, like the Dwesa/Cwebe Nature Reserve, remain stalled due to these
road challenges, delaying crucial developments such as tourist facilities and research
centres.

Importantly, DEADAT emphasised that tackling these road infrastructure deficiencies

offers the potential to spur economic growth and job creation. This can be achieved by
improving access to markets, boosting agricultural productivity, and reducing food prices
through enhanced trade relations among producers. Moreover, upgrading transportation
infrastructure holds the promise of safer and more efficient travel for rural communities,
thereby contributing to overall rural economic development.

5.3.5. South African Police Services

In its submission, the SAPS emphasised that the poor or inadequate condition of road
infrastructure within the province significantly affects response times, often leading to
delays. According to the SAPS, the landscape plays a crucial role in response times to
emergencies. Rural areas, particularly those isolated or situated far from the nearest
police station, face challenges in responding to reported incidents due to the distance
travelled, road conditions, and weather conditions.

The adverse road conditions not only directly impact emergency response but also
escalate maintenance needs for the SAPS fleet, affecting overall law enforcement
effectiveness. Maintenance tasks such as windscreen repairs, clutch replacements, tire
changes, and suspension repairs are frequently required, leading to increased
maintenance costs. This, in turn, affects the availability of vehicles to serve communities,
further hampering service delivery.

It was contended that Improving road infrastructure would contribute to enhanced service
delivery, reduced response times, and increased visibility within communities. Such
improvements are essential for ensuring effective law enforcement operations and
enhancing overall safety and security.

36
5.3.6. South African Roads Network Agency

During its submission, SANRAL stated that its mandate initially covered the core and
secondary strategic networks, totalling approximately 19,000 kilometers. Post-2010, this
mandate expanded to include the Primary Road Network. While the strategic (red) and
primary (yellow) networks remain under Provincial Government jurisdiction; however, it
was submitted that SANRAL may assume control pending Ministerial declaration and
concurrence from relevant Provincial Premiers.

Road transfers fall within the purview of Section 40 of the SANRAL Act 7 of 1998. This
grants the Minister authority to declare existing roads as national, subject to SANRAL's
recommendation and Provincial Premier agreement. In the Eastern Cape Province,
SANRAL stated that sections of the Strategic and Primary Road networks designated for
its jurisdiction have been successfully transferred, totalling 3290 km. These transfers
occurred seamlessly without provincial budget allocations, enabling SANRAL to promptly
address maintenance backlogs post-transfer.

SANRAL further submitted that certain systems such as the Asset Management System
(AMS) form an important part of improving overall performance of the road network within
budgetary constraints and effectively managing maintenance activities. This system relies
on detailed data obtained through surveys conducted using automated acquisition
systems, enabling informed decision-making. In particular, SANRAL spotlighted the
SANRAL Traffic Speed Deflectometer (TSD), a cutting-edge survey vehicle equipped with
advanced technology for thorough road assessment. Integrated with multiple instruments,
the TSD gathers condition data for over 400 lane kilometers per day under favourable
traffic and weather conditions, thereby facilitating well-informed maintenance strategies
based on accurate data analysis.

In 2010, SANRAL managed 2520 km of roads in the Eastern Cape, a figure that surged
to 5144 km in 2022 following road transfers—an increase of 104%. The incorporation of
the remainder of the strategic and primary network road in 2013, initially in poorer
condition, led to an overall decline in SANRAL's road network condition. The percentage
of roads in poor to very poor condition increased from 6.75% in 2010 to 14.12% in 2015.
SANRAL's preventative maintenance strategy successfully addressed maintenance
backlog on roads transferred in 2013, reducing the poor to very poor condition to 4.66%
by 2017. However, the inclusion of additional roads in 2016, also in suboptimal condition,
led to a subsequent decline. The percentage of roads in poor to very poor condition rose
from 4.66% in 2017 to 10.33% in 2022.

Accordingly, the data was said to affirm that SANRAL's preventative asset management
strategy effectively managed the road network under its jurisdiction, even after the
transfer of 3290 km of roads in deteriorated conditions. Further highlighting that the
design and implementation of road projects entail navigating various regulatory

37
processes. These processes, including environmental authorisation, SPLUMA
procedures, tribal land acquisition, and borrow/quarry approvals, present challenges that
impact project timelines. The delays in obtaining these approvals were exacerbated by
the disruptions caused by the COVID-19 pandemic and that the delivery of road
maintenance and improvement projects is significantly influenced by external regulatory
processes beyond its control. Therefore, regulatory approvals are said to play a crucial
role in the progression of projects, and any delays in these approvals can hinder the timely
execution of maintenance and improvement initiatives.

5.3.7. Transnet

In its submissions, Transnet highlighted the adverse consequences of deficient road

infrastructure, citing congestion, prolonged transit times, and heightened fuel
consumption. These directly impact Transnet's operations and pose broader
environmental concerns by contributing to increased emissions and energy usage. An
illustrative example is the coal transportation corridor in Mpumalanga, where both rail and
road networks are heavily relied upon to transport coal to the Richards Bay coal terminal.

Transnet stressed the significance of road infrastructure within the broader transportation
network, recognising its vital role in influencing economic development in South Africa.
Favourable road conditions facilitate efficient transportation of goods and services,
resulting in cost reduction and improved market accessibility. Conversely, poor road
conditions hinder economic activities, escalate transportation costs, and create barriers
to trade and investment. Transnet emphasised a direct correlation between investment in
road infrastructure and job creation, particularly in construction and maintenance sectors.

Given the critical role of road infrastructure in economic development, Transnet

emphasised the imperative of strategic planning for improvements. This includes not only
upgrading existing roads but also expanding the network to underserved areas to
enhance connectivity and foster inclusive economic growth. Integration of technology,
such as intelligent transport systems, into road infrastructure can enhance traffic
management and safety, contributing to sustainable and efficient transport networks.3
Transnet argued that substandard road conditions directly impede its ability to fulfil
mandated responsibilities, leading to operational challenges compromising efficiency,
safety, and reliability. Such conditions disrupt cargo movement to and from ports and
railway stations, necessitating additional resources to manage transportation delays.
Moreover, poor road conditions heighten the risk of accidents and cargo integrity
compromise, increasing the likelihood of financial loss and impacting the overall reliability
of the transport network.

3
A prime example of road infrastructure's impact on economic growth, it was submitted, is evident in the development of the N3
Corridor between Durban and Johannesburg, one of the busiest freight corridors. Recent upgrades to the N3, including widening
sections and improving road surfaces, have significantly reduced travel times and transport costs, positively impacting the logistics
and supply chains of businesses in these regions, enhancing operational efficiency and competitiveness. This highlights the role of
well-planned road infrastructure projects in driving economic growth and emphasises the importance of continued investment in road
improvements for South Africa's economic future.

38
6. RESPONDENTS

6.1. Eastern Cape Treasury

During Treasury's presentation, it was highlighted that the Eastern Cape Province,
spanning 168,966 km2 and housing a population of 7.2 million residents, ranks as South
Africa's second-largest province. The province comprises six district municipalities and
two metros, with prominent population centres including OR Tambo, Nelson Mandela
Bay, and Buffalo City. Economically, the province boasts a diverse landscape, with
sectors like business services, wholesale and retail, tourism, manufacturing, and
agriculture driving its economy. Emerging sectors such as renewable energies,
particularly wind and solar, are shaping its evolving economic profile. However, historical
structural issues have hampered economic growth rates, resulting in an official
unemployment rate of 38.8%.

Despite efforts to rectify historical disparities, it was submitted that the province still
contends with infrastructure backlogs, particularly in rural areas, stemming from the
legacy of separate development policies. Spatial disparities persist in infrastructure
distribution, with some regions enjoying well-developed infrastructure while others lack
essential amenities. It was further emphasised that the growth of these infrastructure
backlogs is influenced by various factors, including the absence of targeted strategic
social and economic infrastructure programs at the national level. Additionally, the
government's funding formula, which is linked to population numbers, has led to financial
losses due to a declining population resulting from historical disproportionate
development.

Furthermore, Treasury stated that existing imbalances create a scenario where certain
areas, especially on the western side of the province, benefit from well-developed
infrastructure meeting efficient service delivery standards. Conversely, the eastern side
faces challenges such as the absence of inadequacy of essential infrastructure. This
skewed distribution significantly impedes the province's ability to meet nationally set
norms and standards for service delivery across different sectors. The ongoing growth of
these infrastructure backlogs, influenced by multiple factors, underscores the necessity
for targeted interventions and a reassessment of funding formulas to effectively address
historical disparities and foster socio-economic development.

In terms of the jurisdiction the road network falls under the jurisdiction of three distinct
authorities, each with a designated responsibility: the SANRAL overseeing national roads,
the ECDOT managing provincial roads, and various municipal entities, including Buffalo
City and Nelson Mandela Bay Metropolitan Municipalities, along with thirty-one Local
Municipalities, responsible for municipal roads. The Eastern Cape, alongside the Free
State province, shoulders a significant portion of the country's provincial road network

39
due to its expansive geography and population density. The Roads Asset Management
Plan (RAMP) outlines that the Eastern Cape Province boasts a total road network of
approximately ±78,000 km. This comprises roughly ±42,000 km managed by the
provincial Department of Transport, 5,210 km by SANRAL, and 31,144 km under
municipal administration. The provincial department is also tasked with the maintenance
of ±1,019 bridges and 1,505 major culverts on provincial roads. The RAMP data also shed
light on challenges faced, revealing an average gravel thickness for Provincial Gravel
Roads at 38.312 mm, deemed insufficient compared to the 50 mm norm or standard. This
shortage impedes blading interventions for a majority of provincial roads. Additionally, the
province grapples with a backlog of major culverts and bridges, necessitating
replacement due to undersising and safety concerns.

However, it was submitted that there is a stark reality – as already stated, only 9.8% or
3,958.88 km of the road network is paved, significantly below the national average of
25%. The majority, a staggering 90.2% or 36,642.17 km, consists of unpaved roads.
Despite more than three million vehicle-kilometres traversing the paved road network
daily, the conditions are challenging, exacerbated by the overwhelming reliance on road
infrastructure for passenger and freight logistics. The absence of a diverse mix of logistics
infrastructure, including rail, ports, and air transport, further strains the aging road
network.

For insurance the Visual Condition Assessment Data from 2017/18 indicated a Network
Condition Number of 48.0 for the total flexible (tar) road network, signifying a poor
condition. The unpaved road network's current condition number stands at 29.44%,
characterised as very poor. Specific areas, notably Nelson Mandela Bay Metropolitan
Municipality, Chris Hani District, and Sarah Baartman District, exhibit particularly
challenging conditions, with a significant percentage of gravel, earth, and track roads
falling into the poor to very poor category.

The submission revealed that the Eastern Cape province prepared a consolidated costing
of infrastructure backlogs, submitting it to the Financial and Fiscal Commission (FFC) in
alignment with resolutions from a Portfolio Committee meeting. The previous funding
model with a backlog component, advantageous to rural provinces for addressing road
backlogs, was replaced in 2005. The Eastern Cape Province quantified its infrastructure
backlog at R151.1 billion in 2016 yet has not received a response from the FFC and
National Treasury (NT). Consequently, the province has been unable to address these
backlogs due to changes in the government funding formula and despite there being
various mechanisms in places such as the Municipal Infrastructure Grant (MIG) that are
intended to provide capital finance for eradicating basic municipal infrastructure backlogs.
It was further stated there is a need to prioritise MIG funds for infrastructure benefiting
poor households, microenterprises, and social institutions. For local municipalities
investing in roads infrastructure, the utilisation of data from the Rural Road Asset
Management System (RRAMS), as referenced above, has the potential to be effective in

40
project planning and prioritisation.

Additionally, other mechanisms include the Provincial Roads Maintenance Grant (PRMG)
which is argued that it significantly outweighs the Equitable Share in infrastructure
allocations to the ECDOT. The Eastern Cape, like most provinces, heavily relies on the
PRMG, necessitating a substantial increase in own revenue or alternative funding
sources to address backlogs effectively. Examining budget allocations for the Department
of Transport (DoT), reliance on the Provincial Roads Maintenance Grant (PRMG) is
portrayed as a strategic decision, comprising 83% of infrastructure allocations in the
2023/24 financial year. Active participation in the Budget Facility for Infrastructure (BFI)
highlights a commitment to diversifying funding sources.

The state of the road network within the province was portrayed as concerning, with both
paved and unpaved roads experiencing deterioration that demands immediate attention.
This degradation is partly attributed to the prevalence of road transportation in both freight
and passenger sectors across South Africa, which adversely affects the efficiency and
overall quality of the transportation system. Notably, a significant portion of tonne-
kilometres, especially in freight transport, was said to occur on roads, placing strain on
the network and exacerbating its deterioration. Consequently, there is an urgent
requirement for sufficient capacity within the department and among external contractors
to efficiently execute projects and address the existing backlog.

It was further argued that there are key challenges in allocating funds, including the
extensive backlog and high implementation costs. However, Treasury outlined various
steps that would assist in overcoming these challenges. These steps include reviewing
the conditional grant system, stringent project approval criteria, participation in the Budget
Facility for Infrastructure, and adherence to Infrastructure Delivery and Management
System (IDMS) processes.

Further strategies proposed include integrating District Development Model (DDM)

requirements into the Infrastructure Delivery Management System (IDMS). This
integration aims to streamline infrastructure planning across all project stages, enhancing
overall efficiency. Emphasis is placed on disaster preparedness, with a minimum
allocation of 2% of the total infrastructure budget for immediate response. Climate change
considerations are embedded in the planning process, reflecting a nuanced
understanding of environmental concerns. Aligning long-term planning with the Road
Infrastructure Strategic Framework for South Africa (RISFSA) underscores a forward-
looking approach. The decision to transfer strategic routes to the South African National
Roads Agency Limited (SANRAL) recognises the importance of efficient maintenance,
albeit with careful consideration of potential revenue loss for the province.

Moreover, robust monitoring mechanisms have been proposed, characterised by a well-

coordinated and proactive approach. Monthly analyses of Departmental Infrastructure

41
Reporting Models (IRMs) ensure timely detection of potential issues. The establishment
of technical streams and institutional structures for coordination and escalation signifies
a comprehensive grasp of the significance of oversight in infrastructure projects.

6.2. The Eastern Cape Department of Transport

According to the ECDOT, the challenges confronting the Eastern Cape’s Road
infrastructure can be traced back to pre-1994 policies that resulted in limited investments
in certain regions, particularly those amalgamated with the Cape Province Administration.
It is argued that this historical context led to a disproportionate distribution of road types
in the province, with gravel roads comprising 90% of the network and only 10% being tar
roads.

In analysing the transport infrastructure, the ECDOT noted that provincial roads constitute
a substantial portion of the road network in the Eastern Cape totalling 42,000 kilometers.
However, there's a challenge in the perception of the network, as communities often do
not differentiate between provincial and municipal roads.

Approximately 10% of Eastern Cape roads are surfaced, compared to a national average
of 25%. It was submitted that this discrepancy is indicative of under-investments in the
province over an extended period.

The ECDOT confirmed that a contributing factor to the current road conditions is the
maintenance backlog. In terms of the backlog, the ECDOT indicates that addressing the
capital backlog would require an estimated amount of R30.5 billion. This includes gravel
roads with high traffic, medium traffic, certain undersized bridges, and a significant
number of gravel roads with poor drainage. The majority of unpaved roads require re-
gravelling as a primary intervention, with an estimated replacement value of R 17.2 billion.
Conversely, paved roads further need a comprehensive reseal/patch rehabilitation
program to preserve their assets, estimated at a value of R 48 billion. In the visual
assessment conducted in 2016/2017 the trend analysis of paved roads indicated a
decline in the condition of the flexible tar road network. Approximately 2400 kilometers of
paved roads were identified as requiring maintenance beyond routine upkeep. However,
due to underfunding, the ECDOT submitted that the backlog will remain unresolved. The
annual budget allocated is approximately +/- R700 million, which allows the department
to address about 42 kilometers per annum. With a performance target of 18 million per
kilometer, the implementation plan will span over a 25-year period.

In comparison to other regions, it was stated that there is historical disparity between the
Eastern Cape and other provinces. While provinces like KwaZulu-Natal benefit from more
diverse revenue-generation mechanisms, due to revenue-generating projects like airports
and toll gates, the EC province is said to be entirely dependent on the grant for road
maintenance, with no contributions from voted funds or equitable share.

42
The ECDOT confirmed that the condition of the road network is a concern, with a
significant portion in poor condition4, with no roads rated as "very good" since 1996. The
replacement value for surfaced roads is estimated at R 48 billion, while unpaved roads
would cost approximately R 17.2 billion to replace. These figures highlight the importance
of preserving existing infrastructure to avoid significant losses. ECDOT further submitted
that the demand for new assets, particularly surfacing gravel roads, is evident, with
thousands of kilometers requiring attention. The challenge lies in funding availability, with
only a fraction of the required kilometers being addressed due to financial constraints,
further stating that backlogs in maintenance and upgrades amount to billions of rands, far
exceeding the annual budget allocation for road infrastructure. Despite efforts to eliminate
backlogs, progress is said to have been slow.

The allocation by district differs, with Amatole District accounting for 44% of the backlog,
followed by Alfred Nzo with 21% and OR Tambo with 17%, as shown in the chart below:

DISTRICT ALLOCATION
Amathole
10% OR Tambo
6%
44% Sarah Baartman
21%
Alfre Nzo
4% Joe Gqabi
15%
Chris Hani

Source: Eastern Cape Department of Transport

With an estimated annual average allocation of R 750 000 for upgrades, the ECDOT
argues that the funds allocated could allow the department to afford only 42 km per annum
from an application of a limit rate of R 18 million per kilometer. This would, as stated
above, be realised in a 25-year period, meaning that if the department started in 2020,
the backlog would be eliminated by 2045. With regards to routine maintenance, the
ECDOT submitted that for gravel roads, the standards require blading three times a year,
reshaping, and patching graveling. This incurs costs, and for periodic graveling, totalling
about 500,000 per kilometer, with an average of R 1.9 billion needed annually for routine
and periodic maintenance, compared to the 900 million grant.

In eliminating the backlog, the ECDOT submitted that it will follow a four-category plan.
4
The data relied for the presentation was based on a study completed in 2017. The reasons advancement for not using current data
is that data collection projects have suffered some delay due to litigation around data collection projects.

43
The categories include, Category A, which is currently being implemented. Category B
for projects with completed designs but lacking funding for implementation. Category C
being projects with completed designs and Category D being projects that were
implemented but left unfinished. Some of the adopted strategies also include the
development of In-House Construction Units (IHC), which have been in decline in terms
of resources and production. This is attributable to a number of reasons including
reduction in budget allocations, loss of key personnel, poor plan availability and
procurement issues. In trying to address the declining IHC units, ECDOT states that it
was proposed that each district has 2 roving re-gravelling units and revival of a centre of
excellence.

Additionally, the industry norms dictate road reconstruction every 25 years, rehabilitation
every 15 years, and various other maintenance tasks periodically. Most of these roads,
based on a list compiled in 2017 have exceeded their lifespan. As such the ECDOT aims
to align maintenance efforts with PRMG incentives and increase focus on in-house
maintenance activities. Overall, the focus is on maintaining existing infrastructure before
expanding and building new ones. Further noting that the funding and project selection
are based on traffic volume, project type, route class, strategic importance, social factors,
and population. Strategies such as transferring strategic roads to SANRAL have also
been explored in the past. The transfer process is initiated for different reasons such as
revenue generation and backlog reduction.

Other critical areas impacted by poor road infrastructure include the scholar transport
system. Addressing this issue, the ECDOT highlighted a misalignment between the
education sector’s focus on quality and the treasury’s budget allocations, which are based
on baseline rather than actual student numbers. This mismatch creates budget shortfalls,
particularly noticeable when comparing student figures reported in October-November to
those in January, complicating accurate transport budget planning. Despite ongoing
collaboration with treasury to address these deficits, policy gaps remain—especially
concerning the allocation of scholar transport budgets between the education and
transport departments. The high dropout rate in South Africa further complicates planning,
as learner numbers used for budgeting at the year’s end often become inaccurate by
January.

When ECDOT assumed responsibility for scholar transport, the budget was
approximately R400 million, intended to support 66 million learners. Although the budget
has since increased to about R740 million, it now only accommodates 125,000 learners
due to funding limitations, leaving approximately 30,000 students without transport
despite growing demand. This underscores an urgent need for additional funding to meet
student needs effectively. Other contributing issues include inefficiencies and corruption
within the system. In response, ECDOT reported it is implementing an automated system
to tackle these challenges. Investigations have uncovered operators benefiting unduly
from the system, leading to contract terminations and legal actions

44
Despite facing financial challenges and expressing a lack of financial resources, the
ECDOT highlighted that it has successfully undertaken several key projects over the past
five years leading up to 2023. Among these projects, the department notably upgraded
and completed various roads. Examples include the upgrading of the R61 from
Magusheni to Mzamba, spanning 20 kilometers at a cost of R637 million. Additionally,
significant investments were made in the road leading to the former residence of ANC
president Oliver Tambo, amounting to R265 million. Furthermore, the department
allocated R305 million for the upgrade of a 14-kilometrestretch of the DR08125 from the
N2 highway to Siphethu Hospital.

The ECDOT confirmed an annual budget allocation of 2.5 billion, including the PRMG
grant and an equitable share designated for construction and upgrades. Within this
allocation, approximately R987 million is earmarked for construction projects, with R1.2
billion allocated for maintenance initiatives for the 2022/2023 financial year. The
department further highlighted that its expenditure for this period reached an impressive
99.9%, indicating efficient utilisation of allocated resources. Comparatively, expenditure
trends over recent years demonstrate consistent commitment to resource management.
In the preceding financial year of 2021-2022, expenditure almost reached 100%, with a
slight increase from 90% in 2020-2021 and 97.5% in 2019-2020.

Despite perceptions of limited visible progress, the ECDOT asserts that its proactive
spending approach ensures minimal unused funds are returned to the province. While it
may seem that the department's impact on the ground is limited, the ECDOT emphasizes
that no funds allocated to it are returned unused. For municipalities, the ECDOT
submitted that funds are allocated to help them develop rural road asset management
systems, which are crucial for informed decision-making during emergencies. However,
municipalities face challenges with maintenance due to limited revenue streams and other
issues, such as the expansion of new settlements. Despite these obstacles, interventions
are implemented. Currently, the ECDOT relies on provincial disaster management
policies for emergency responses but recognizes the need for specific departmental
guidelines to better address these situations.

Regarding quality control processes, the ECDOT reported using both internal and
outsourced resources to conduct quality assurance for construction and maintenance
projects. Infrastructure projects adhere to regulations set by the Construction Industry
Development Board (CIBD), the South African Institute of Civil Engineers (SAICE), and
the Engineering Council of South Africa (ECSA). The ECDOT asserted that these
standards, along with additional legislative requirements, are rigorously followed.
Moreover, several tailored manuals, such as the Standard E and TMH guides, have been
developed to support compliance with these construction and maintenance standards

The ECDOT reported that it has sustained collaborations and partnerships across various

45
regions through service level agreements and memorandums of agreement with
SANRAL, specifically for the construction of certain roads. These partnerships are
strategically designed to address the complex challenges of road infrastructure
management.

Despite these initiatives, the ECDOT highlighted a significant budget shortfall of

approximately R300 million, which affects the department's ability to fund scholar
transport and maintain access to essential services, including hospitals, schools, and
tourism sites. The ECDOT noted that this gap could be bridged through the procurement
of additional funds and strengthened collaboration among relevant stakeholders to ensure
timely service delivery. To this end, the ECDOT confirmed that it is actively engaging with
the treasury to find solutions. Additionally, the ECDOT pointed out a policy inconsistency,
where scholar transport remains under the Department of Education in some provinces,
leading to disparities in budget allocations and unequal funding increases across regions.

7. LEGAL FRAMEWORK

7.1. The Bill of Rights stands as a bedrock of democracy within South Africa, serving
as a sacred document that safeguards the rights of every individual in the Republic.
It not only upholds the fundamental principles of human dignity, equality, and
freedom but also mandates the state's obligation to honour, safeguard, advance,
and fulfil these rights. Within its framework lie numerous rights pertinent to the
systemic matter outlined herein, encapsulating:

7.1.1. Section 7: (2) The state must respect, protect, promote and fulfil the rights in the
Bill of Rights.

7.1.2. Section 9: (1) Everyone is equal before the law and has the right to equal protection
and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To
promote the achievement of equality, legislative and other measures designed to
protect or advance persons, or categories of persons, disadvantaged by unfair
discrimination may be taken.

7.1.3. Section 10: Everyone has inherent dignity and the right to have their dignity
respected and protected.

7.1.4. Section 11: Everyone has the right to life.

7.1.5. Section 21(1): everyone has the right to freedom of movement.

7.1.6. Section 22: everyone citizen has the right to their trade, occupation, or profession
freely. The practice of a trade, occupation or profession may be regulated by law.

46
7.1.7. Section 27(1): everyone has the right to have access to –
(a) Healthcare services, including reproductive health care
(b) Sufficient food and water; and
(c) Social security, including, if they are unable to support themselves and their
dependants, appropriate social assistance.
(2) the state must take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation of each of these
rights.
7.1.8. Section 28(1)(c): to basic nutrition, shelter, basic health care services and social
services.
(2) A child’s best interests are of paramount importance in every matter concerning the
child.

7.1.8. Section 29(1)(a): everyone has the right (a) to basic education, including adult
basic education.

7.1.9. Section 139, which empowers and imposes a duty on provincial governments to
intervene in local governance. This section stipulates: "When a municipality fails
to fulfil an executive obligation as per the Constitution or legislation, the respective
provincial executive may intervene by taking necessary measures to ensure
compliance with that obligation, including-
(a) issuing a directive to the Municipal Council, describing the extent of failure to
fulfil its obligations and stating any steps required to meet its obligations;
(b) assuming responsibility for the relevant obligation in that municipality to the
extent necessary to:
(i) maintain essential national standards or meet established minimum
standards for the rendering of a service;
(ii) prevent that Municipal Council from taking unreasonable action that is
prejudicial to the interests of another municipality or to the province as
a whole;
(iii) maintain economic unity; or
(c) dissolving the Municipal Council and appointing an administrator until a newly
elected Municipal Council has been declared elected if exceptional
circumstances warrant such a step.”

7.1.10. Furthermore, Section 152 of the Constitution outlines the objectives of local
government, which include providing democratic and accountable governance,
ensuring sustainable service provision to communities, fostering social and
economic development, promoting a safe and healthy environment, and
encouraging community participation in local governance matters.

7.1.11. While Section 153 provides that:

47
 (a) “A municipality must structure and manage its administration and budgeting
and planning processes to give effect to the basic needs of the community,
and to promote the social and economic development of the community.

7.1.12. Section 154 of the Constitution provides as follows:

(1) The national government and provincial governments, by legislative and other
measures, must support and strengthen the capacity of municipalities to
manage their own affairs, to exercise their powers and perform their functions.

7.1.13. Additionally, section 195 of the Constitution provides the basic values and
principles governing the public administration in every sphere of government,
organs of state and public enterprises. This section stipulates that:

(1) Public administrations must be governed by the democratic values and principles
enshrined in the Constitution, including the following principles:
(a) A high standard of professional ethics must be promoted and maintained.
(b) Efficient, economic and effective use of resources must be promoted.
(c) Public administration must be development-oriented.
(d) Services must be provided impartially, fairly, equitably, and without bias.
(e) People’s needs must be responded to, and the public must be encouraged to
participate in policy-making.
(f) Public administration must be accountable.
(g) Transparency must be fostered by providing the public with timely, accessible
and accurate information.
(h) Good human-resource management and career-development practices, to
maximise human potential, must be cultivated.

8.2. DOMESTIC LEGISLATION AND POLICIES

8.2.1. The National Land Transport Act, 2009 (Act No.5 of 2009)

The purpose and scope of National Land Transport Act (NLTA) is –

To further the process of transformation and restricting the national land transport system
initiated by the Transition Act:
(i) to give effect to national policy
(ii) to prescribe national principles, requirements, guidelines, frameworks and
provinces norms, and standards that must be applied uniformly in the
provinces and other matters contemplated in section 146 (2) of the
Constitution; and
(iii) to consolidate land transport functions and locate them in appropriate
sphere of government.

48
8.2.2. Eastern Cape Road Traffic, Act 3 0f 2003

The above Act serves as a secondary legislation to the Eastern Cape Department of
Transport (ECDOT). Its main purpose is to consolidate laws related to provincial roads
with the Eastern Cape province. The Act outlines provisions for various aspects, including
planning, design, development, construction, management, maintenance, and
rehabilitation of provincial roads. It covers matters concerning the effective administration
and improvement of the road network in the region; however, based on the ECDOT’s
annual performance plan 2023-2026; the Act has been identified as one of the legislations
scheduled for review.

8.2.3. National Developmental Plan – Vision 2030 (NDP)

8.2.3.1. The National Development Plan (NDP) of 2012 represents a comprehensive

strategy aimed at cultivating a more equitable and prosperous South Africa.
Fundamentally, the NDP endeavours to ignite inclusive economic growth,
ensuring that the benefits of progress are accessible to all citizens. By
addressing key domains such as transport, nutrition, housing, education,
safety, healthcare, employment, recreation, and environmental sustainability,
the plan strives to uplift living standards across the nation. Embracing a holistic
approach, the NDP aims to mitigate poverty and inequality, thereby enhancing
the quality of life for all South Africans.

8.2.3.2. Acknowledging the vital role of infrastructure, particularly transport

infrastructure, the NDP highlights its importance in fortifying the economy,
fostering increased employment, and reducing inequality and poverty. The
NDP recognizes that robust transport infrastructure is essential for advancing
its core objectives by enhancing social mobility, promoting integration,
facilitating economic growth, and contributing to sustainability.

8.2.4. The Medium-Term Strategic Framework (MTSF 2019 – 2024)

Aligned with the National Development Plan (NDP), the national government has
embraced the Medium-Term Strategic Framework (MTSF 2019 – 2024), aimed at offering
strategic guidance to government initiatives during the five-year period from 2019 to 2024.
Serving as the second phase of the country's long-term NDP, following the MTSF (2014-
2019), the MTSF (2019-2024) serves as a pivotal building block in realising the vision and
objectives outlined in the NDP.

8.2.5. The Provincial Development Plan 2019 – 2024

The Eastern Cape Government has formulated six provincial developmental goals for the
5-year strategic planning period to operationalise its strategic priority areas, aligning with

49
the National Development Plan (NDP) and the Medium-Term Strategic Framework
(MTSF). These objectives collectively form the Provincial Development Plan (PDP) 2019
– 2024. The PDP goals encompass the cultivation of an innovative, inclusive, and
expanding economy, the establishment of an enabling infrastructure network, the
advancement of innovative and high-value agriculture and rural sectors, the promotion of
human development, the assurance of environmental sustainability, and the fortification
of capable democratic institutions.

8.2.6. White Paper on National Transport Policy, 1996

The White Paper on National Transport Policy emphasises the fundamental role of
transportation in advancing the country's social and economic development, serving as a
vital mechanism for seamless interaction and as a driver for progress. It acknowledges
the necessity for transport policies to be outward-looking, shaped by the broader needs
of society, transportation users, and the economy. This policy framework not only guides
the future actions of the Department of Transport but also provides direction for other
transport institutions in formulating their strategies. Within this framework, six key areas
are addressed, each presenting a vision, mission, objectives, and policy statements.

8.2.7. National Land Transport Strategic Framework, 2007

The National Land Transport Strategic Framework (NLTSF) serves as a comprehensive

five-year plan aimed at providing guidance for transport planning and the delivery of
national land transport services across South Africa. It represents a significant step
forward by facilitating the coordination of all levels of government in land transport,
ensuring a more cohesive and effective approach to service delivery. The framework
delineates strategies for the integrated planning of land transport across various
government spheres and establishes priorities for land transport development.

8.2.8. National Transport Master Plan (NATMAP) 2005 – 2050

The National Transport Master Plan (NATMAP), formulated by the National Department
of Transport (DOT), underwent thorough investigation and consultation processes.
NATMAP was conceived as a blueprint for the advancement of a cutting-edge, multi-
modal transport system in South Africa. The Plan is designed to tackle the planning,
implementation, maintenance, operation, investment, and monitoring of transport policy
and investment over incremental five-year periods from 2005 to 2050. Throughout the
development of NATMAP, the DOT has pinpointed economic, capacity, and infrastructure
challenges hindering the establishment of an integrated and efficient transport system in
South Africa.

8.3. CASE LAW

50
8.3.1. AgriEC v Department of Roads & Public Works5

This case is about the poor condition, lack of maintenance and repair of the road network
of the farming communities in the Eastern Cape. In need for a plan of action to remedy
the situation, the applicants were seeking an order, inter alia, declaring the respondents
to be legally obliged to repair all roads within their jurisdiction and seeking compensation
form the respondents by certain of the applicants for payment of amounts they had spent
in repairing roads themselves.
At para 33 the court held that:

“In my view there was a constitutional and statutory basis for seeking the interdict. Part A
of Schedule 5 of the Constitution provides for the functional areas of exclusive provincial
legislative competence, one of which is provincial roads and traffic. In terms of s 125 (2)
(a) of the Constitution, the Premier, together with the other members of the Executive
Council, exercises executive authority by implementing provincial legislation in the
province. When one considers some of the consequences of the failure to repair and
maintain roads illustrated in the applicants’ affidavits, fundamental rights such as basic
education and access to health care are indirectly affected.”

8.3.2. Government of the Republic of South Africa and others v Grootboom and others6
The court ruled that socio-economic rights are directly enforceable by the judiciary. The
state must provide those that are unable to support themselves and their dependents with
access to housing, health care, adequate food and water, and social security. In this case
the court developed a standard for review for assessing compliance with constitutional
obligations in the state’s social and economic rights. The much-criticised standard of
scrutiny the reasonableness test, allows for assessment of the reasonableness of the
measures taken by the government to realise social and economic rights within its
available resources. The court found that:

“[i]t is fundamental to an evaluation of the reasonableness of state action that account to

be taken of the inherent dignity of human beings. The Constitution will be worth infinitely
less than its paper if the reasonableness of state action concerned with housing is
determined without regard to the fundamental constitutional value of human dignity”.

In addition, the Court found that:

[a] court considering reasonableness will not require whether other more desirable or
favourable measures could have been adopted, or whether public money could have
been better spent. The question would be whether the measures that have been adopted

5
2017 (2) All SA 406 (ECG)
6
2000 (11) BCLR 1169 (CC)

51
are reasonable. It is necessary to recognise that a wide range of possible measures could
be adopted by the State to meet its obligations. Many of these would meet the
requirement of reasonableness. Once it is shown that the measures do so, this
requirement is met”.

8.3.3. Rail Commuters Action Group v Transnet Ltd t/a Metrorail and Others7

This case involved the responsibilities of Metrorail, a state organ, in ensuring the safety
of its passengers. The applicants, representing rail commuters, sought to hold Metrorail
accountable for failing to provide adequate protection against crime on its trains and in its
stations. The Constitutional Court considered the nature and scope of the obligations
resting on state organs under the Constitution, specifically the duty to take reasonable
measures to protect individuals' rights.

The Court emphasised that what constitutes "reasonable measures" depends on the
circumstances of each case. Several factors must be considered, including the nature of
the duty, the social and economic context in which it arises, and how closely the duty is
related to the core activities of the duty-bearer. The closer the duty is to the core activities,
the greater the obligation on the duty-bearer. Furthermore, the Court highlighted the
importance of the extent of any threat to fundamental rights. The more serious the threat
to these rights, the greater the responsibility on the state to act.

The Court also acknowledged that resource constraints—whether human or financial—

might impact the ability of the state to meet its obligations. However, it made clear that an
organ of state cannot simply claim resource constraints without providing detailed
evidence of the specific nature of these constraints. Such assertions must be supported
by information on how these constraints affect the organ of state's overall capacity to fulfil
its duties. This requirement aligns with the constitutional principles of accountability and
effectiveness, ensuring that state decision-makers are transparent about their reasons
for actions (or inactions) and that they take appropriate measures in the context of their
responsibilities.

This judgment highlights the necessity for state organs to balance their duties against the
resources available to them while ensuring that they do not compromise on protecting
fundamental rights, particularly when those rights are at serious risk.

8.3.4. McIntosh v Premier, KwaZulu-Natal and Another8

7 2005 (2) SA 359 (CC).

8 2008 (6) SA 1 (SCA).

52
This case involved the appellant, a cyclist, who sustained serious bodily injuries after
falling from his bicycle while swerving to avoid a large pothole on a road under the
management and control of the respondents. The appellant sued the respondents for
damages, alleging negligence for failing to ensure that potholes were timeously repaired
or that signs were erected warning road users of the danger. The respondents denied
negligence, citing resource constraints and the establishment of a system of weekly
routine inspections for road maintenance.

At para 14, the court held that:

"Generally speaking, the answer to the inquiry [of negligence] depends on a consideration
of all the relevant circumstances and involves a value judgment which is to be made by
balancing various competing considerations, including such factors as the degree or
extent of the risk created by the actor's conduct, the gravity of the possible consequences
and the burden of eliminating the risk of harm."

Further, the court emphasised that:

"Where, however, a public authority is involved, a further consideration arises... a court
will not lightly find a public authority to have failed to act reasonably because it elected to
prioritise one demand on its possibly limited resources above another."

The court found that the pothole in question had been in existence for a significant period
and that its failure to repair it constituted negligence, notwithstanding the respondents'
resource constraints. The court ultimately held that the respondents were liable for 60%
of the appellant’s damages.

It is important to note the court’s acknowledgment that while government bodies may face
resource constraints, they are still obligated to take reasonable steps to maintain public
infrastructure and prevent foreseeable harm.

9. FACTUAL ANALYSIS
9.1. THE REALITY

9.1.1. South Africa’s Road network is approximately 750 000 km in length and is said to
be the tenth longest road network of any nation.

9.1.2. The Eastern Cape boasts a vast provincial road network totalling approximately
40,153 kilometers, making it one of the largest in South Africa. However, the

53
 composition of this network presents a stark picture of the region’s infrastructure
woes.

9.1.3. Out of this total, only 3,808 kilometers are paved, representing a mere 9.5% of the
provincial road network. In contrast, a staggering 36,345 kilometers, or 90.5%, of
the roads remain unpaved. This disparity in road surfacing is asignificant concern,
particularly in a province where the road network is critical for accessing remote
rural areas and delivering essential services.

9.1.4. The data further reveals that the Eastern Cape’s road infrastructure is severely
underfunded.

9.1.5. The Provincial Roads Maintenance Grant (PRMG), intended to supplement the
funding for road construction and maintenance, is allocated approximately R750
million annually for road upgrades across the province.

9.1.6. Given that the average cost of upgrading a single kilometre of road (to a new, high
traffic road) is around R18 million, this budget allows the province to upgrade only
42 kilometers of roads per year. This is a minuscule fraction of the total network
and highlights the enormity of the maintenance backlog that the province faces.
9.1.7. The Eastern Cape Department of Transport (ECDOT) has indicated that the total
capital backlog required to bring the province’s road network up to an acceptable
standard is estimated at R30.5 billion.

9.1.8. This backlog includes the re-gravelling of unpaved roads, extensive maintenance
of existing paved roads, and the upgrading of undersized bridges that are critical
for ensuring safe and reliable transportation routes. The replacement value of the
province’s surfaced roads alone is estimated at R48 billion, while unpaved roads
would cost approximately R17.2 billion to replace.

9.1.9. These figures underscore the magnitude of the challenge faced by the province in
addressing its road infrastructure needs.

9.1.10 . The condition of the road network is further deteriorated by the high vehicle traffic
volumes in certain areas. For instance, the province experiences over three million
vehicle-kilometres on its paved road network daily, exacerbating wear and tear.
This situation is made worse by the fact that the province lacks a diverse mix of
logistics infrastructure, such as rail and air transport, placing even greater strain
on the road network.

54
9.1.11 . The visual condition assessment data from 2017/18 indicates that the Network
Condition Number for the total flexible (tar) road network is a poor 48.0, while the
unpaved road network’s condition number stands at an alarming 29.44%,
categorised as very poor.

9.1.12 . Moreover, the Eastern Cape’s road infrastructure suffers from inadequate gravel
thickness, with the average thickness for provincial gravel roads measured at
38.312 mm—well below the 50 mm norm.

9.1.13 . This deficiency severely limits the effectiveness of blading interventions, which
are essential for maintaining gravel roads.

9.1.14 . To add to this, the province grapples with a backlog of major culverts and bridges
that require urgent replacement due to undersizing and safety concerns. These
infrastructural deficits significantly impact the province’s ability to maintain a road
network that is safe and accessible for all its residents.

9.1.15 . Funding for road infrastructure in the Eastern Cape is further complicated by the
province’s reliance on the PRMG, which accounts for 83% of the infrastructure
allocations to the ECDOT for the 2023/24 financial year.

9.1.16 . This reliance underscores the limited financial flexibility the province has in
addressing its infrastructure needs.

9.1.17 . Despite an annual budget allocation of approximately R2.5 billion, which includes
the PRMG and an equitable share designated for construction and upgrades, the
province remains significantly under-resourced.

9.1.18 . The ECDOT’s expenditure trends indicate a near-complete utilisation of allocated

resources, with a 99.9% expenditure rate for the 2022/2023 financial year.
However, this efficient use of funds does not translate into significant
improvements on the ground, as the province’s infrastructure backlog continues to
grow.

9.1.19 . The data also reflects a significant disparity in infrastructure development across
the province’s districts. For example, the Amathole District accounts for 44% of the
provincial backlog, followed by Alfred Nzo with 21%, and OR Tambo with 17%.
This uneven distribution of resources further complicates the province’s efforts to
provide equitable access to road infrastructure across its vast and diverse
landscape.

55
9.1.20 . It is therefore clear from the Inquiry and submissions received by the
Commission, that the road infrastructure in the Eastern Cape is marred by
extensive challenges, including a massive maintenance backlog, inadequate
funding, and significant disparities in road conditions across different regions. The
province’s reliance on limited financial resources, combined with the vast scale of
its road network, presents a formidable challenge in ensuring that all residents
have access to safe and reliable roads. The data clearly illustrates the magnitude
of the task at hand and underscores the urgent need for targeted interventions to
address the province’s infrastructure crisis.

9.2. GOVERNANCE

9.2.1. The governance and legal framework for road infrastructure in the Eastern Cape
is primarily derived from the Constitution and several key pieces of legislation that
delineate the responsibilities of various stakeholders.

9.2.2. The Constitution of South Africa is the foundation of this framework, mandating the
state to ensure the realisation of fundamental rights, including access to essential
services such as healthcare, education, and the right to freedom of movement.
These rights are intertwined with the quality and availability of road infrastructure,
particularly in rural areas where access to services is heavily dependent on the
road network.

9.2.3. Section 7 of the Constitution obligates the state to respect, protect, promote, and
fulfil the rights in the Bill of Rights, which includes ensuring that all citizens have
the necessary infrastructure to exercise these rights. This constitutional mandate
is further elaborated in specific legislation such as the National Roads Act, which
assigns the responsibility for national roads to the South African National Roads
Agency Limited (SANRAL). SANRAL's role is to manage and maintain the national
road network, ensuring that it meets the required standards to support economic
activities and access to essential services. The agency is also empowered under
the SANRAL Act to assume control over provincial roads, subject to Ministerial
declaration and agreement from the relevant Provincial Premiers.

9.2.4. The Municipal Structures Act (MSA) and the Division of Revenue Act (DORA)
further define the responsibilities at the local level. The MSA mandates that local
municipalities are responsible for the provision and maintenance of municipal
roads, ensuring that these roads are safe and accessible for all residents. This
includes the development and implementation of road maintenance plans,
prioritisation of critical infrastructure, and effective use of allocated funds. The

56
 DORA provides the financial framework for these responsibilities, outlining the
allocation of funds from the national government to provinces and municipalities,
including the Provincial Roads Maintenance Grant (PRMG). The PRMG is
specifically designed to supplement the funding for road construction and
maintenance, particularly in rural and underdeveloped areas.

9.2.5. The Eastern Cape Department of Transport (ECDOT) is tasked with the
maintenance and development of provincial roads, which constitute a substantial
portion of the road network in the province. The Department’s responsibilities
include the development of strategic plans to ensure the efficient use of resources,
the prioritisation of critical road infrastructure projects, and the implementation of
maintenance programs to preserve the road network. The Department is also
responsible for aligning its activities with national strategies, such as the Road
Infrastructure Strategic Framework for South Africa (RISFSA), which guides the
overall planning and investment in road infrastructure across the country.

9.2.6. In addition to these legislative mandates, the governance of road infrastructure

also involves compliance with various regulations and standards set by
professional bodies. The Construction Industry Development Board (CIDB), the
South African Institute of Civil Engineers (SAICE), and the Engineering Council of
South Africa (ECSA) all provide guidelines and standards for road construction and
maintenance. These regulations ensure that the quality of the infrastructure meets
the necessary safety and operational standards, and they play a crucial role in the
oversight of road projects, from planning through to execution.

9.2.7. The role of the Provincial Treasury is also significant in this governance framework.
Treasury is responsible for the allocation of financial resources within the province,
ensuring that sufficient funds are directed toward road infrastructure projects. This
includes overseeing the budgetary processes, ensuring compliance with financial
regulations, and facilitating the efficient use of funds allocated through grants such
as the PRMG.

9.2.8. In terms of planning, the Integrated Development Plans (IDPs) at the municipal
level are crucial for aligning road infrastructure projects with broader
developmental goals. These plans are developed in consultation with local
communities and other stakeholders, ensuring that the road infrastructure supports
socio-economic development and enhances access to essential services.

9.2.9. While the governance framework and legal mandates for road infrastructure in the
Eastern Cape are well-established, the performance of key stakeholders in fulfilling
these responsibilities reveals significant shortcomings.

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9.2.10 . The Eastern Cape Department of Transport (ECDOT), despite being legally
mandated to maintain and develop provincial roads, has been criticised for its
inadequate execution of these duties. Submissions from various stakeholders
highlight a pervasive failure to meet the standards set by the relevant laws and
policies.

9.2.11 . One of the critical failures is the ECDOT’s inability to effectively address the
maintenance backlog of provincial roads. According to the submissions, the
Department has not managed to align its operations with the Provincial Roads
Maintenance Grant (PRMG) requirements.

9.2.12 . The PRMG is intended to support the repair and maintenance of road
infrastructure, particularly in rural areas. However, the Department's focus has
been largely on paved roads due to their higher asset value, neglecting the
extensive network of unpaved roads, which constitute approximately 90% of the
province’s road network. This neglect directly contravenes the mandate outlined in
the PRMG and the broader expectations set by the Division of Revenue Act
(DORA), which calls for equitable maintenance across all types of road
infrastructure to ensure public safety and accessibility.

9.2.13 . Further, the Auditor General’s findings on the ECDOT reveal repeated instances
of financial mismanagement, including fruitless and wasteful expenditure related
to road projects. For instance, overpayments for road construction materials and
incomplete projects were highlighted as significant issues. These failures in
financial stewardship indicate a breach of the standards expected under the Public
Finance Management Act (PFMA), which governs the use of public funds. The
ECDOT’s financial practices, as outlined by the Auditor General, undermine the
efficiency and effectiveness of road maintenance programs, leading to
deteriorating road conditions and delayed project completions.

9.2.14 . Local municipalities, tasked with the maintenance of municipal roads, have also
struggled to fulfil their obligations.

9.2.15 . Submissions from various districts, such as the Amathole District Municipality,
indicate that despite the existence of Road Asset Management Systems (RAMS),
many municipalities lack the capacity and resources to implement these systems
effectively. The failure to utilise RAMS as intended leads to poor prioritisation of
road maintenance projects, resulting in further degradation of road conditions.

58
9.2.16 . This failure to act in accordance with the Municipal Structures Act (MSA) and the
Municipal Finance Management Act (MFMA) suggests a gap between legislative
requirements and actual performance.

9.2.17 . SANRAL, responsible for the management of national roads and some provincial
roads transferred under its jurisdiction, has performed somewhat better in
maintaining the roads under its control. However, the submissions point out that
SANRAL's effectiveness is often hampered by delays in obtaining necessary
regulatory approvals.

9.2.18 . While SANRAL has successfully reduced the maintenance backlog for roads
under its control, the broader systemic issues related to coordination with
provincial and local authorities remain a challenge.

9.2.19 . This situation points to inefficiencies in the application of the National Roads Act
and the SANRAL Act, particularly in ensuring timely execution of road projects that
require multi-agency collaboration.

9.2.20 . While the legal framework provides a clear mandate for the management and
maintenance of road infrastructure in the Eastern Cape, the actual performance of
key stakeholders falls short of these expectations. The ECDOT, municipalities, and
other involved entities frequently fail to meet their legal obligations, resulting in
deteriorating road conditions and inadequate service delivery. These failures
highlight the need for improved accountability and better alignment of actions with
the legal and policy frameworks that govern road infrastructure in the province.

9.3. IMPACT ON KEY ECONOMIC SECTORS

9.3.1. The inquiry has very clearly illustrated that the lack of adequate road infrastructure
in the Eastern Cape has had a profound economic impact on several key sectors,
severely limiting the potential for growth and development in the region.

9.3.2. The submissions made during the inquiry provide clear evidence of how poor road
conditions are stifling economic activities across various industries, including
tourism, agriculture, transportation, and small-scale enterprises. Each of these
sectors has been directly affected by the deteriorating state of the road network,
leading to significant economic losses and reduced opportunities for businesses
and communities.

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 Tourism Sector

9.3.3. The Amathole Tourism Association (AMETA) highlighted the severe challenges
faced by the tourism industry due to the poor condition of roads in the region.
AMETA emphasised that roads in areas like Hogsback, which are crucial for
tourism activities, are in such poor condition that they are only navigable by larger
vehicles such as four-wheel drives, especially during adverse weather conditions.
The R345 route, a primary access route to Hogsback, was specifically mentioned
as being in such a deteriorated state that it is deemed unsuitable for standard
vehicles. The submission also noted that this route is vital not only for tourism but
also for timber extraction and agriculture, further compounding the economic
impact of its poor condition.

9.3.4. The association reported that due to the state of the roads, many tourist
destinations in the Amathole region, such as Hobbiton and Seymor, become
completely inaccessible during inclement weather. This has led to a significant
decline in tourism, with AMETA noting a 30% reduction in demand for
accommodations in the area during the fiscal year, attributed primarily to the
conflicts with the forestry industry and the adverse effects of heavy truck traffic on
the roads.

9.3.5. This decline is particularly alarming given that tourism had previously seen
exponential growth, with bed nights in Hogsback increasing from approximately
15,000 to around 50,000 annually before the deterioration of the roads became a
critical issue.

9.3.6. AMETA’s submission further highlighted the broader economic implications,

stating that the average tourist in South Africa spends about 1,750 rand per day in
the region. Despite the Eastern Cape being recognized as a more budget-friendly
destination, the inaccessibility of key attractions due to poor roads significantly
limits the region's tourism revenue.

9.3.7. The association argued that the expansion of the tourism sector is heavily reliant
on improved road infrastructure, not just to attract tourists but also to support the
local labour force, which is essential for sustaining the hospitality industry. The
deteriorating roads, therefore, not only reduce visitor numbers but also threaten
the livelihoods of those employed in tourism-related activities.

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 Agricultural Sector

9.3.8. The agricultural sector, which is a cornerstone of the Eastern Cape’s economy,
has also been severely impacted by the lack of road infrastructure.

9.3.9. AgriEC, representing a portion of the agricultural community, provided a detailed

account of how deteriorating roads are undermining the economic viability of
farming operations across the province.

9.3.10 . The submission highlighted that poor road conditions obstruct access to farms,
markets, and essential services, particularly during adverse weather conditions,
leaving rural communities to bear the brunt of these impacts.

9.3.11 . AgriEC emphasised that the substandard road conditions lead to job losses,
escalated transportation expenses, and diminished market competitiveness for
farmers.

9.3.12 . Specific regions such as Tsitsikamma, Alexandria, Cradock, Patensie, Sundays

River Valley, and Langkloof were identified as being profoundly affected by road
degradation.

9.3.13 . The submission noted that delays in transporting produce to harbours, especially
for export, compromise revenue generation within the agricultural sector. This not
only affects the profitability of farmers but also has a ripple effect on the local
economy, where agriculture is a major employer and contributor to economic
stability.

9.3.14 . Furthermore, AgriEC’s submission discussed the additional financial burden

placed on farmers who are forced to undertake emergency road repairs under
departmental supervision due to the inadequacy of government intervention.

9.3.15 . The organization even sought legal action against the Eastern Cape Department
of Transport (ECDOT) to establish a formal procedure allowing farmers to carry
out these repairs, underscoring the desperation and frustration within the sector.

9.3.16 . The poor road conditions, therefore, not only disrupt daily agricultural operations
but also impose additional costs on farmers, further straining an already vulnerable
sector.

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 Transportation Sector

9.3.17 . The transportation sector, including the taxi industry, has also suffered
significantly due to the poor road infrastructure.

9.3.18 . The Mantlaneni community’s submission, represented by Mr. Simthembile

Myekwa, highlighted how the deplorable state of roads has severely compromised
transportation services in the area.

9.3.19 . Mr. Myekwa pointed out that irregular maintenance of gravel roads, specifically
mentioning roads such as the R61 to T-153 and T-155, has led to numerous
potholes and dangerous driving conditions. This has resulted in increased vehicle
maintenance costs for taxi operators and a reduction in the availability of reliable
transportation for the community.

9.3.20 . The impact on the transportation sector extends beyond individual taxi operators.

9.3.21 . The poor road conditions have also affected the broader logistics and supply
chain operations, as noted by Transnet in its submission. Transnet stressed that
deficient road infrastructure leads to congestion, prolonged transit times, and
heightened fuel consumption, all of which directly impact their operations.

9.3.22 . These inefficiencies not only increase operational costs but also have broader
environmental concerns due to increased emissions and energy usage.

9.3.23 . The poor state of the roads, therefore, hampers the efficiency and reliability of
transportation networks, which are critical for the economic well-being of the
region.

Small-Scale Enterprises and Cooperatives

9.3.24 . The Commission further heard how small-scale enterprises and cooperatives,
particularly in rural areas, have also been adversely affected by poor road
infrastructure.

9.3.25 . The submission from Amadlelo Agri, which operates the Ncora Irrigation Scheme
and Seven Stars Co-op, highlighted how road conditions have directly impacted
their business operations.

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9.3.26 . The submission noted that during the rainy season, road conditions deteriorate
to the point where transportation is severely hampered, disrupting supply chains
and compromising product availability in the market.

9.3.27 . Amadlelo Agri reported a significant decline in milk production at the Seven Stars
farm, with annual output dropping from 10 million litres to approximately 4 million
litres, leading to the cessation of factory operations.

9.3.28 . This downturn has had severe economic repercussions, including reduced
employment opportunities and income for beneficiaries, further exacerbating local
unemployment rates.

9.3.29 . The poor road conditions, therefore, not only affect the transportation of goods
but also have a direct impact on the productivity and sustainability of small-scale
enterprises and cooperatives, which are vital for the economic development of
rural communities.

9.4 IMPACT ON HUMAN RIGHTS

9.4.1. The deteriorating state of road infrastructure in the Eastern Cape has had a
profound and far-reaching impact on the delivery of public services by government
departments, directly affecting the lives of residents, particularly in rural and
remote areas. Submissions from key government departments, including
Education, Health, and the South African Police Services (SAPS), paint a
distressing picture of how inadequate roads have hampered their ability to fulfil
their mandates. The emotional weight of these submissions underscores the
human toll of these infrastructural deficiencies, as essential services are delayed,
access to vital care is obstructed, and the safety and well-being of communities
are compromised.

Department of Education

9.4.2 The Eastern Cape Department of Education (ECDOE) highlighted the severe
challenges it faces due to the poor condition of the province’s roads, which directly
impact the accessibility of education for thousands of learners.

9.4.3 It is trite that scholar transport, a crucial service that ensures children in rural areas
can attend school, is significantly hampered by the state of the roads.

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9.4.4 The ECDOE’s submission reveals that many learners are forced to traverse
dangerous and deteriorated roads, often without reliable transportation, leading to
frequent absenteeism and even school dropouts.

9.4.5 The emotional burden on these children and their families is immense. The
Department reported incidents where young learners had to cross rivers on foot
during heavy rains, risking their lives simply to get to school.

9.4.6 These dangerous journeys not only threaten their safety but also contribute to the
high dropout rates in the province, further exacerbating educational inequality. The
ECDOE’s data showed that the average age for enrolment in the schooling system
in the province is between 8-10 years, as younger children are physically unable
to endure the long, hazardous walks to school.

9.4.7 This delay in starting school has long-term implications for the educational
outcomes of these children, creating a cycle of disadvantage that is difficult to
break.

9.4.8 The Department also highlighted the impact on educators, particularly in rural
areas where road conditions significantly differ from urban centres.

9.4.9 Educators face daily struggles to reach their schools, often enduring long and
perilous commutes. The Department emphasised that these conditions deter
qualified teachers from working in remote areas, leading to a shortage of skilled
educators and further compromising the quality of education provided to students
in these communities.

Department of Health

9.4.10 . The Eastern Cape Department of Health (ECDH) provided a submission detailing
how the poor road infrastructure in the province has hindered its ability to deliver
essential healthcare services.

9.4.11 The ECDH emphasised that well-maintained roads are not just a matter of
convenience but are vital for the effective delivery of healthcare. The Department
stressed that in emergencies, every minute counts, and the current road conditions
often turn what should be a short trip to a healthcare facility into a dangerous and
lengthy journey, with life-threatening consequences.

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9.4.12 The submission highlighted tragic cases where delays in emergency medical
services, due to impassable roads, have led to preventable deaths.

9.4.13 . In one particularly heart-wrenching account, the Department described how an

ambulance was unable to reach a pregnant woman in time, resulting in the loss of
both the mother and child. Such stories are not isolated incidents but part of a
broader pattern where poor road conditions significantly contribute to the morbidity
and mortality rates in the province.

9.4.14 . The ECDH also reported that transport-related accidents, exacerbated by the
state of the roads, are among the top five causes of non-natural deaths in the
Eastern Cape.

9.4.15 . The Department further allocates a substantial portion of its budget to maintaining
its vehicle fleet, which is constantly subjected to damage from the rough and poorly
maintained roads. Frequent repairs to ambulances and other medical vehicles not
only strain the Department’s financial resources but also reduce the availability of
these vehicles for critical emergency services.

9.4.16 . The submission further revealed that the poor road infrastructure has led to
service delivery delays in the transportation of essential medical supplies, such as
medications and vaccines, to rural clinics. These delays impact the overall health
outcomes of communities, particularly in regions where healthcare access is
already limited. The Department’s inability to consistently deliver healthcare
services due to road conditions directly affects the right to health for the residents
of the Eastern Cape.

South African Police Services (SAPS)

9.4.17 . The South African Police Services (SAPS) provided a submission that starkly
illustrated how poor road infrastructure in the Eastern Cape is compromising public
safety and security.

9.4.18 . The SAPS reported that response times to emergencies are significantly delayed
because police vehicles struggle to navigate the deteriorated and often
treacherous roads.

9.4.19 . The impact of these delays is palpable, as communities are left vulnerable to
crime, knowing that help may not arrive in time.

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9.4.20 . The submission described how, in some rural areas, police stations are located
far from the communities they serve, and the poor state of the connecting roads
means that officers cannot respond quickly to incidents. This has led to situations
where victims of crime are left waiting for hours, or even days, for assistance.

9.4.21 . The SAPS highlighted that the poor road conditions not only delay their response
but also increase the wear and tear on police vehicles, leading to more frequent
breakdowns and higher maintenance costs.

9.4.22 . These challenges directly affect the Department’s ability to maintain a visible
policing presence in rural areas, which is critical for deterring crime and ensuring
public safety.

9.4.23 . The SAPS also emphasised the emotional toll on the officers themselves, who
are often frustrated and demoralised by their inability to perform their duties
effectively. The knowledge that they may not reach a crime scene in time, or that
they might arrive too late to prevent harm, weighs heavily on the officers and
impacts their overall morale. This has broader implications for the effectiveness of
the police force in the region, as demoralised officers are less likely to perform at
their best, further compromising public safety.

Department of Cooperative Governance and Traditional Affairs (COGTA)

9.4.24 . The Department of Cooperative Governance and Traditional Affairs (COGTA)

highlighted how poor road infrastructure hinders its mission to support
municipalities and ensure the effective delivery of services across the province.
9.4.25 . COGTA’s submission pointed out that inadequate roads severely restrict access
to areas where community development initiatives are underway, delaying or even
preventing the implementation of these projects.
9.4.26 . This has significant implications for the socio-economic development of the
region, as infrastructure projects are often the backbone of community
improvement efforts.
9.4.27 . COGTA also reported that the poor state of the roads has made it difficult to carry
out disaster management activities effectively.

9.4.28 . The Provincial Disaster Management Centre (PDMC), which is responsible for
coordinating disaster response efforts, often struggles to reach affected areas due
to impassable roads.

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9.4.29 . This delay in response not only exacerbates the impact of disasters but also puts
the lives of residents at greater risk. The Department emphasised that in disaster
situations, the ability to reach affected communities quickly is crucial, and the
current road conditions severely undermine this capability.

9.4.30 . Furthermore, COGTA’s submission highlighted the frustration of municipal

leadership, who frequently receive complaints from residents about the poor road
conditions. These complaints often go unaddressed due to the municipalities'
limited capacity to carry out necessary repairs, leading to a growing sense of
dissatisfaction and mistrust among the public.

9.4.31 . The Department underscored the impact on community members who feel
neglected and isolated because of the poor state of the roads, which they rely on
for access to essential services and opportunities.

Municipalities

Climate change and disaster prevalence

9.4.32 . Municipalities, while being primary stakeholders responsible for the maintenance
of local roads, have also been severely impacted by the poor state of road
infrastructure, particularly in view of increasing prevalence of natural disasters.

9.4.33 . Since 2013, South Africa has faced a series of climate-induced disasters,
including floods, droughts, and storms, which have increasingly strained municipal
resources and infrastructure. The National Climate Change Response White
Paper of 2011, followed by the development of the Climate Bill, acknowledges the
severe threat that climate change poses to sustainable development and the
achievement of the country’s development goals. Despite these efforts, the
readiness of municipalities to respond to such disasters varies widely, often
influenced by factors such as the education, age, and economic status of the
population. Vulnerable communities in high-risk regions are consistently less
prepared, exacerbating the impact of these events.

9.4.34 . The occurrence of unprecedented and severe weather conditions has

significantly hindered socio-economic progress in coastal areas, jeopardizing the
attainment of the United Nations' Sustainable Development Goals (SDGs) for
2030. For example, in 2022, the Eastern Cape and KwaZulu-Natal provinces
experienced catastrophic floods and landslides due to abnormal torrential rains,
resulting in an estimated R17 billion in damages.

67
9.4.35 . By February 2023, the Eastern Cape was still grappling with the aftermath of
severe floods and flash floods that caused extensive damage, amounting to an
estimated R4.5 billion.

9.4.36 . These disasters necessitated substantial investments by the provincial

government in repairs and replacements, particularly impacting proclaimed and
access roads, bridges, and residential areas in rural districts. Municipal
infrastructure bore the brunt of this damage, with 89 municipal roads and 18
bridges suffering severe damage, notably in Port St Johns, where four provincial
roads were also affected.

9.4.37 . The repeated occurrence of such disasters, including those in 2021 and 2022,
which were also declared as disasters, incurred approximately R1.9 billion in
damages. During a media briefing, MEC Zolile Williams described these events as
imposing a considerable burden on municipalities, with far-reaching implications
for the province's financial stability and economic infrastructure.

9.4.38 . Notably, non-compliance with the Disaster Management Act by South African
municipalities has been a significant issue. Many disaster management centers
within municipalities are malfunctioning, under-resourced, and staffed by poorly
trained officials, severely limiting their capacity to prepare for and respond
proactively to climate-induced disasters.

9.4.39 . A mixed-methods study conducted by Wentink and Van Niekerk in 2017

examined whether South African municipalities are aligned with the provisions of
the Disaster Management Act. The study found that municipalities often lack the
time and resources to put effective disaster response structures in place, revealing
a clear gap in the implementation of the Act. As a result, municipalities are
increasingly left to "clean up the mess" after disasters, rather than being equipped
to mitigate and manage the risks beforehand.

9.4.40 . This situation not only burdens municipalities with the responsibility of repairing
and rebuilding damaged infrastructure but also drains their already limited financial
and human resources.

9.4.41 . The recurring need for post-disaster recovery efforts diverts attention and funding
away from proactive infrastructure maintenance and development, perpetuating
the cycle of vulnerability and unpreparedness. As climate change continues to
intensify, municipalities in the Eastern Cape and across South Africa will likely face
even greater challenges unless significant improvements are made in disaster
preparedness and infrastructure resilience.

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 Municipal Service Delivery challenges

9.4.42 . In addition to the effects of disastrous occurrences, Municipalities submitted not

only the challenges they face in fulfilling their road maintenance duties but also
how these infrastructure deficits hinder their ability to deliver other critical services
to communities.
9.4.43 . Municipalities are tasked with a broad range of services, including water
provision, sanitation, housing, and economic development, all of which are
inextricably linked to the accessibility and condition of road networks.

9.4.44 . The submissions from municipalities such as the Amathole and Alfred Nzo District
Municipalities highlighted the cascading effects of poor road infrastructure on their
broader service delivery mandates. For instance, the Alfred Nzo District
Municipality reported that irregular road maintenance leads to escalating costs, not
just for road repairs, but also for other municipal services.

9.4.45 . The poor road conditions make it difficult for municipal vehicles, such as those
used for waste collection, water delivery, and emergency services, to reach certain
areas, particularly during adverse weather conditions.

9.4.46 . This inaccessibility delays essential services, contributing to public health and
sanitation issues, as waste collection becomes sporadic and unreliable, and
access to clean water is compromised.

9.4.47 . The municipalities also emphasised how the poor road infrastructure affects
economic development initiatives within their jurisdictions. For instance, the Chris
Hani District Municipality noted that inadequate roads limit the ability to attract
investment and develop local industries.

9.4.48 . Poor road access isolates communities, hindering the growth of local businesses
and preventing residents from accessing markets, jobs, and services that are
critical for economic development. This, in turn, exacerbates poverty and
inequality, as marginalised communities remain trapped in cycles of
underdevelopment due to their physical isolation.

9.4.49 . Moreover, municipalities like the O.R. Tambo District Municipality expressed
frustration with their limited capacity to address these challenges, citing insufficient
funding and a lack of technical resources.

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9.4.50 . Despite these constraints, municipalities are often the first point of contact for
residents, who expect timely and effective service delivery. The growing
dissatisfaction and mistrust among communities, as reported also in COGTA
submissions above, reflect the strain on both municipal officials and residents.

9.4.51 . Municipal leaders are frequently overwhelmed by the volume of complaints

regarding road conditions, yet they struggle to respond effectively due to their
constrained resources. This situation further erodes public confidence in local
government and contributes to the sense of neglect and marginalisation felt by
many communities.

9.4.52 . It is also important to note the impact the road conditions have on public transport
within municipalities. Neglecting road maintenance and repair has multifaceted
consequences, emphasising the critical importance of these activities in the public
interest.

9.4.53 . The transportation burden faced by rural communities on a daily basis in rural
South Africa is real and substantial. Many rural communities are not connected to
the main rural network and do not have reliable access to socio-economic
development opportunities, goods, and services. This lack of mobility and
accessibility of goods and persons has limited their participation in economic
activities and has further entrenched their isolation and marginalisation from the
mainstream economy. Chambers (1982) ascribes a linkage between rural poverty
and issues of access, with access to appropriate transportation he argues that it is
regarded as one of the most significant determinants of rural poverty.

9.4.54 Enhanced infrastructure can streamline the transportation of water, crops, timber,
and other goods, thereby significantly enhancing the quality of life for rural
residents. Consequently, the construction and maintenance of rural roads emerge
as indispensable components for rural development.9

Community Mobility Challenges

9.4.55 . Mobility is a critical factor in ensuring that communities have access to

opportunities, and the integration of sustainable transport modes is essential for
expanding access to essential services and enhancing mobility. However, local

9
Referencing the Eastern Cape Rural Transport Plan: Strategic Framework 2004-2014, it was acknowledged that the
underdevelopment of the rural transportation network prompted the formulation of a Strategic Framework aimed at establishing the
Provincial Rural Transport Plan. This initiative stemmed from mounting concerns over the inadequacy of an effective and efficient
rural transport system in the province, which was recognised as a significant barrier to rural economic advancement and poverty
alleviation efforts.

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 municipalities in the Eastern Cape are facing significant challenges in realising
these goals due to the current state of road infrastructure.

9.4.56 . As consistently pointed out during the Inquiry, the existing road networks within
many municipalities are inadequate to support the integration of sustainable
transport modes, such as public transit, cycling, and even walking pathways.

9.4.57 . This deficiency not only undermines the potential benefits of these sustainable
options but also hinders effective coordination with land-use planning.

9.4.58 . As a result, there is a higher frequency of trips made by motor vehicles, which
places additional strain on the already fragile road infrastructure.

9.4.59 . This disconnect between road conditions and sustainable transport integration
exacerbates the challenges municipalities face in managing their transport
systems.

9.4.60 . Adopting sustainable transport modes would alleviate some of the pressure on
road infrastructure by reducing vehicle traffic, thereby extending the lifespan of
roads and decreasing maintenance costs. However, the reality on the ground is
that local municipalities lack the resources and infrastructure needed to implement
these changes effectively.

9.4.61 . The continued reliance on road transport, particularly for freight movement, has
not shifted significantly towards rail or other more sustainable modes of transport.
This failure to achieve intermodal shifts results in serious problems, including
increased congestion, higher levels of air pollution, and accelerated infrastructure
degradation.

9.4.62 . As per the below illustration, the table shows modes of transportation used by
RSA household members to travel to school and work:

Usual transport to Usual transport to work

school
Mode of transport
N % N %
Walking 10 528 63, 3 878 22,
3 4
Bicycle/motorcycle 16 0,1 80 0,5
Minibus taxi/sedan taxi/bakkie 1 291 7,8 4 330 25,
taxi 0
Bus 756 4,6 672 3,9
Train 5 0,0 23 0,1

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 Minibus/bus provided by 302 1,8 n/a n/a
institution/governmen
t and not paid for
Vehicle hired by a group of 2 001 12, n/a n/a
parents 0
Own car or other private vehicle 1 672 10, 5 628 32,
1 5
Lift club n/a n/a 459 2,7
None, studies/works from home n/a n/a 2 211 12,
8
Other 57 0,3 56 0,3
Total 16 628 100,0 17 338
100,0

Source: Department of Statistics South Africa (General Household Survey 2022)

9.4.63 . Data further shows that 34.9% of South African households rely on minibus taxis,
sedan taxis, or bakkie taxis for transportation.

9.4.64 . The declining use of trains, which in 2019 was already low at 1.8% of households,
has further exacerbated the problem. By 2022, train usage had declined so
significantly that reliable provincial estimates were unavailable. This shift from rail
to road transport adds to congestion, accelerates road deterioration, and increases
the demand for maintenance, all of which strain municipal resources.

9.4.65 . Municipalities are thus left to manage the consequences of a transport system
that is overly dependent on road-based solutions, particularly in the absence of
reliable rail alternatives.

9.4.66 . The Commission therefore notes that Municipalities are caught in a cycle where
poor road conditions lead to increased dependence on motor vehicles, which
further degrades the roads and perpetuates the challenges associated with
maintaining a functional and sustainable transport system.

9.4.67 . To break this cycle, there is an urgent need for targeted investment in
infrastructure that supports sustainable transport modes and reduces the over-
reliance on road-based transport

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9.5 HISTORICAL NEGLECT AND FUNDING INADEQUECIES
Funding Models and Historical Neglect

9.5.1. The inquiry has illustrated that the funding model for road infrastructure in the
Eastern Cape has been a significant factor in the region's persistent challenges
with road maintenance and development.

9.5.2 The submissions from the Department of Transport (DOT) and Provincial Treasury
paint a stark picture of historical underfunding and a possible flawed funding model
that has left the Eastern Cape ill-equipped to address its vast infrastructure needs.

9.5.3 This is because the Eastern Cape's road infrastructure issues are deeply rooted in
the historical neglect that dates back to prior the democratic dispensation. During
this period, the former Bantustans of Transkei and Ciskei, which now form
significant parts of the province, were systematically underdeveloped, with minimal
investment in infrastructure.

9.5.4 This neglect has left a legacy of poorly constructed and maintained roads, which
the province has struggled to upgrade and maintain in the post-apartheid era.

9.5.5 The Department of Transport (DOT) emphasised in its submission, and as

unpacked above, that the Eastern Cape has inherited a disproportionately large
and underdeveloped road network compared to other provinces.

9.5.6 Out of the approximately 40,153 kilometers of provincial roads, only 9.5% (3,808
kilometers) are paved, with the remaining 90.5% (36,345 kilometers) being
unpaved. Again, this is a stark contrast to the national average, where about 25%
of provincial roads are paved.

9.5.7 The DOT's submission highlighted that this disparity is not merely a reflection of
the current administration’s efforts but is deeply tied to the historical context where
the Eastern Cape was consistently deprived of the necessary resources to develop
its infrastructure.

9.5.8 The Provincial Treasury echoed this sentiment, noting that the funding formula
used by the national government, which is largely population-based, does not
adequately account for the extensive infrastructure backlog in the Eastern Cape.

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9.5.9 The Treasury pointed out that the Eastern Cape, being one of the largest provinces
geographically but with a declining population, suffers under a funding model that
does not factor in the vastness of its road network or the historical neglect that
necessitates a greater-than-average investment in infrastructure.

9.5.10 The current funding model, therefore, exacerbates the inequities inherited from
the past, making it nearly impossible for the province to catch up with the rest of
the country.

The Inadequacy of the Current Funding Model

9.5.11 The Provincial Roads Maintenance Grant (PRMG), which is the primary source
of funding for road maintenance in the province, is severely inadequate to meet
the needs of the Eastern Cape.

9.5.12 The Department of Transport detailed how the annual PRMG allocation of
approximately R750 million is grossly insufficient to address the capital backlog,
let alone keep up with ongoing maintenance. Given that the cost of upgrading a
single kilometreof road averages around R18 million, the current budget allows
for the upgrade of only about 42 kilometers of road per year. This rate of
progress is negligible when considering that the total backlog is estimated at
R30.5 billion.

9.5.13 The DOT further explained that the replacement value for the province's
surfaced roads alone is estimated at R48 billion, with an additional R17.2 billion
needed to replace unpaved roads.

9.5.14 These figures starkly illustrate the futility of current funding levels in making any
significant impact on the province's infrastructure challenges.

9.5.15 The Department's submission candidly acknowledged that, under the present
funding model, it would take over two decades just to address the existing
backlog, assuming no further deterioration occurs during that time—a scenario
that is highly unlikely given the current state of the roads.

9.5.16 Treasury's submission reinforced the DOT's concerns, highlighting that the
Eastern Cape is disproportionately reliant on the PRMG for its road
infrastructure needs.

74
9.5.17 The Treasury pointed out that this reliance reflects a strategic decision, as the
province lacks alternative sources of revenue that could be allocated to road
infrastructure. Unlike provinces such as Gauteng and KwaZulu-Natal, which
benefit from more diverse revenue streams, including toll roads and substantial
urban tax bases, the Eastern Cape’s revenue generation is limited. This leaves
the province heavily dependent on national transfers, which are insufficient to
meet its extensive infrastructure needs.10

9.5.18 The submissions illustrate that the PRMG was originally designed to
supplement, not replace, provincial funding for road maintenance. However, in
practice, the PRMG has become the primary source of funding for road
infrastructure in the Eastern Cape, with little to no additional provincial funds
available to fill the gap.

Futility of Current Efforts and the Need for a New Model

9.5.19 The Department of Transport’s submission lays bare the futility of the current
efforts under the existing funding model.

9.5.20 With only 42 kilometers of road being upgraded annually, and with the province’s
road network continuing to deteriorate, the DOT made it clear that the status
quo is unsustainable.

9.5.21 The department highlighted that even maintaining the existing network, without
any upgrades, requires far more resources than what is currently provided.
Routine maintenance alone for gravel roads is estimated to cost around R1.9
billion annually, yet the province receives less than half of this amount through
the PRMG.

10
In addition to the limitations of the PRMG, the broader funding framework for South Africa’s road infrastructure is insufficient to meet
the growing demands for maintenance and development. The Draft White Paper on Roads Policy (2018) highlights a significant
shortage of funds, leading to a substantial backlog in road maintenance. Revenues from sources like the fuel levy, vehicle licenses,
and tolls are allocated by the National Treasury but often fall short, particularly in regions with extensive infrastructure needs like the
Eastern Cape. The government's policy of not providing additional funding exacerbates this shortfall, forcing state-owned entities and
municipalities to seek alternative funding sources, which have not sufficiently bridged the gap. Municipalities rely heavily on the
Municipal Infrastructure Grant (MIG) to provide basic services, including roads. However, this funding is often inadequate, especially
in areas with large backlogs. Without a significant shift in funding strategies, the current challenges in maintaining and improving road
infrastructure are likely to worsen. See Van Rensburg, J.A. & Krygsman, S.C., 2019, ‘Funding for roads: Understanding the South
African road funding framework’, Journal of Transport and Supply Chain Management 13(0), a453. https://doi.org/10.4102/jtscm.
v13i0.453; Luntu Ndalasi, Lubabalo Luyaba, Azwifarwi Irene Vele “Revising the Municipal Infrastructure Grant to Improve Expenditure
and Quality Outcomes”.

75
9.5.22 Furthermore, the DOT’s submission noted that the reliance on external
contractors for road maintenance, driven by the lack of internal capacity and
resources, has led to inefficiencies and inflated costs.

9.5.23 This suggests that the current funding model, which necessitates the use of
external contractors due to budgetary constraints, results in a cycle of
inadequate maintenance and continuous deterioration. The reliance on short-
term, piecemeal solutions rather than comprehensive, long-term infrastructure
planning exacerbates the province’s challenges.
9.5.24 The Provincial Treasury and the DOT both called for a reassessment of the
funding model. They proposed a shift towards a needs-based funding approach
that takes into account the historical underdevelopment, the size of the road
network, and the actual costs of maintenance and upgrades.

9.5.25 The Treasury specifically suggested that the current population-based funding
model is ill-suited for addressing the deep-seated infrastructure challenges in
the Eastern Cape and advocated for a model that includes a backlog
component, similar to what was previously in place before 2005.

9.5.26 The Inquiry therefore illustrated that the funding model currently in use for road
infrastructure in the Eastern Cape is fundamentally flawed and inadequate to
meet the province’s needs.

9.5.27 The historical neglect of the region’s infrastructure, combined with a funding
formula that fails to account for the extensive backlog and ongoing maintenance
requirements, has left the Eastern Cape in a perpetual state of infrastructural
crisis.

9.5.28 The submissions from the Department of Transport and Provincial Treasury,
supported by submissions from academia make it clear that without a significant
overhaul of the funding model, the Eastern Cape will remain unable to address
its infrastructure challenges, perpetuating the cycle of underdevelopment and
inequality in the province.

Related financial challenges

9.5.29 Municipalities in the Eastern Cape have been known to struggle to be efficient
due to poor performance, political instability and irregular expenditure, resulting

76
 in municipalities to seek frequent financial assistance from the national
government.

9.5.30 Conversely, mismanagement of funds directly affects efficiency and

performance, which are critical across various key performance areas, including
municipal viability and management. To assess municipality viability,
consideration is given to factors such as financial stability, capital expenditure,
and the effective management of budgetary revenues and expenditures. These
elements are crucial for ensuring financial transparency and evaluating the
overall fiscal health of local governments. However, persistent concerns remain
about the sustainability of municipalities within the province, aggravated by
ongoing issues of financial mismanagement highlighted in audit reports.

9.5.31 Assessing the realisation of financial management goals involves scrutinising

how effectively municipal resources are managed to achieve desired outcomes.

9.5.32 For example, in the 2017/18 financial year, it was reported that only around 13%
of municipalities were able to issue financial statements and achieve clean
audits, indicating their adherence to standards of accountability and
transparency. The majority of municipalities fail to achieve a clean audit due to
their expenditures exceeding budget allocations, coupled with a continued rise
in wasteful spending amounting to millions annually. During the same period, a
significant 77% of municipalities were marked by inefficiencies, including
irregular expenditure and mismanagement of funds. The aforementioned
continues to hinder progress and weaken the operational capabilities of many
local authorities.

9.5.33 Whilst the Inquiry illustrated the challenges municipalities have in respect of
funding, the Commission is acutely aware of the financial mismanagement
which occurs at municipal level. It therefore indicates towards a supposition that
should the Municipalities be smarter more responsible towards their financial
management, more funds may be available to address roads maintenances and
upkeep backlog.11

11
Further to this, the Commission notes that corruption poses a significant threat to democracy and the rule of law, signifying a deficit
in ethical leadership and the breakdown of institutions tasked with upholding good governance standards. In South Africa's political
landscape, the practice of politically deploying individuals into key positions has influenced hiring strategies. This approach is believed
to have cascading effects, contributing to incidents of fraud and nepotism. Corrupt practices have particularly affected local
government, leading to misappropriation of funds and other misconduct. For instance, during the 2012 – 2013 fiscal year, contracts
worth approximately R 3.374 billion were awarded to family members, illustrating the scale of the issue. Similarly, a well-functioning
and well-governed society that seeks to maximise its developmental potential and the welfare of its residents requires an efficient
public service. Inadequate governance, manifested through a lack of accountability and ineffective consequence management, has
significantly undermined good governance in the realm of local government, thereby endangering the provision of essential services.
This governance deficit is starkly evident in the intervention or administration imposed on 23 municipalities in 2021, a number that
increased to 33 by February 2022. These interventions underscore the severe deterioration of many municipalities, prompting

77
 10 LEGAL ANALYSIS AND FINDINGS

10.4 In accordance with Section 7(2) of the Constitution, the state is obligated to "respect,
protect, promote and fulfil the rights in the Bill of Rights." The Commission finds that
the government's failure to address the significant road infrastructure backlog and
the insufficient funding mechanisms have led to widespread violations of multiple
constitutional rights. The lack of effective road maintenance and development has
had a broad and detrimental impact on the population, particularly in the Eastern
Cape, thus violating the rights to Equality, Human Dignity, Life, Freedom of
Movement, Access Healthcare Services, Basic Education, Employment, Safety and
Security and a Healthy Environment.

Violation of the Right to Equality (Section 9)

10.5 The Commission finds that the government's inadequate provision of road
infrastructure, particularly in rural and marginalized communities, constitutes a
violation of the right to equality under Section 9 of the Constitution.

10.6 The stark disparity in road conditions between urban and rural areas
exacerbates existing inequalities, limiting access to essential services such as
healthcare, education, and economic opportunities for vulnerable populations.
This neglect perpetuates historical inequalities, particularly affecting farming
communities and small-scale enterprises that rely on efficient transport
networks to sustain their livelihoods.

10.7 The failure to prioritize infrastructure in these areas further entrenches socio-
economic disparities, undermining the principle of equal treatment and access
for all citizens.

Violation of the Right to Human Dignity (Section 10)

10.8 The Commission finds that the severe limitations imposed by inadequate road
infrastructure infringe upon the right to human dignity as enshrined in Section
10 of the Constitution.

provincial governments to intervene to rectify governance deficiencies, improve financial management, and restore effective service
delivery. See Kroukamp, H., & Cloete, F. (2018). Improving professionalism in South African local government; Thusi, X & Selepe,
M., The Impact of Poor Governance on Public Service Delivery: A Case Study of the South African Local Government. International
Journal of Social Science Research and Review 6(4):120-134

78
10.9 Communities are forced to endure unsafe, unreliable, and often hazardous
travel conditions, particularly in rural and underdeveloped areas. The inability to
access basic services due to poor roads, coupled with the impact on economic
activities, directly diminishes the quality of life for these populations. This lack of
dignity is exacerbated by the fact that these conditions persist despite clear
constitutional mandates for the government to ensure the well-being of all its
citizens.

Violation of the Right to Life (Section 11)

10.10 The Commission finds that the inadequate road infrastructure, which
significantly hampers access to emergency medical services and increases the
risk of road accidents, constitutes a violation of the right to life under Section 11
of the Constitution.

10.11 The deteriorating road network, particularly in rural areas, delays emergency
response times, endangering lives, and increasing the likelihood of fatal
accidents. The state’s failure to maintain roads that are critical for emergency
access directly contravenes its duty to protect the lives of its citizens.

Violation of the Right to Freedom of Movement (Section 21)

10.12 The Commission finds that the poor condition of road infrastructure in the
Eastern Cape severely restricts the right to freedom of movement guaranteed
by Section 21 of the Constitution.

10.13 The deteriorating road conditions, particularly in rural and marginalized areas,
limit the ability of individuals to travel freely for work, education, and access to
essential services. This restriction is particularly acute during adverse weather
conditions, when many roads become impassable, effectively isolating
communities and further limiting their mobility.

10.14 The lack of reliable road infrastructure not only impedes daily activities but also
restricts broader social and economic participation, violating the fundamental
right to movement.

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Violation of the Right to Access Healthcare Services (Section 27)

10.15 The Commission finds that the poor state of road infrastructure in the Eastern
Cape infringes upon the right to access healthcare services as guaranteed
under Section 27 of the Constitution.

10.16 The inadequate maintenance of roads, particularly in rural areas, delays or

entirely prevents access to medical facilities, leading to detrimental health
outcomes. This failure significantly hinders the progressive realization of the
right to healthcare, particularly in emergencies where timely access to medical
services is critical. The Commission emphasizes that this violation has a
disproportionate impact on vulnerable populations, who are already facing
barriers to accessing healthcare due to their geographic and socio-economic
status.

Violation of the Right to Basic Education (Section 29)

10.17 The Commission finds that the poor road conditions that impede children's
ability to attend school, particularly in rural areas, violate the right to basic
education under Section 29 of the Constitution.

10.18 The inaccessibility of schools due to unsafe or impassable roads leads to high
absenteeism rates, educational disruptions, and unequal educational
opportunities, perpetuating the cycle of poverty and underdevelopment in these
communities.

10.19 The state’s failure to provide necessary infrastructure to support regular school
attendance directly undermines the right to education, which is a cornerstone
for the socio-economic advancement of individuals and communities.

Violation of the Right to Employment (Section 22)

10.20 The Commission finds that the inadequate road infrastructure also infringes
upon the right to choose and pursue a trade, occupation, or profession freely,
as outlined in Section 22 of the Constitution. Poor road conditions hinder
economic activity by limiting access to markets, job opportunities, and the
efficient movement of goods and services.

80
10.21 This lack of infrastructure stifles economic growth and development, particularly
in rural areas, where employment opportunities are already scarce. The failure
to provide reliable roads that connect individuals to economic opportunities is a
direct violation of their right to employment and economic participation.

Violation of the Right to Safety and Security (Section 12)

10.22 The Commission finds that the government's failure to maintain safe road
conditions constitutes a violation of the right to safety and security, as
guaranteed by Section 12 of the Constitution.

10.23 Dangerous and poorly maintained roads increase the risk of accidents and
injuries, compromising the safety and well-being of all road users. The state’s
neglect in this area fails to protect citizens from harm, undermining their right to
live and travel in a safe environment.

10.24 This violation is particularly concerning in light of the high rate of road fatalities
and injuries in the Eastern Cape, which are exacerbated by the poor condition
of the road network.

10.25 Furthermore, the poor road infrastructure contributes to a delay in response

times from police services, increasing the risk communities are subjected to.

Violation of the Right to a Healthy Environment (Section 24)

10.26 The Commission finds that the current state of road infrastructure, which is
unsustainable and environmentally damaging, violates the right to a healthy
environment as provided in Section 24 of the Constitution.

10.27 The over-reliance on deteriorating road networks, coupled with inadequate

maintenance, contributes to environmental degradation through increased
vehicle emissions, pollution, and the destruction of natural landscapes.
10.28 The state's failure to develop sustainable transport infrastructure not only harms
the environment but also jeopardizes the health and well-being of current and
future generations.

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10.29 The Commission stresses that the pursuit of sustainable development requires
a balanced approach that includes the maintenance and improvement of road
infrastructure in a manner that protects the environment.

Failure of Local Government Obligations (Sections 152 and 153)

10.30 The Commission finds that local governments have failed to fulfil their
constitutional obligations under Sections 152 and 153, which require them to
ensure the provision of services and promote social and economic
development.

10.31 The widespread neglect of road infrastructure reflects a failure by local

governments to adequately plan, manage, and execute their responsibilities.
This failure not only infringes upon the rights of individuals but also hampers
broader development goals, limiting economic growth, access to essential
services, and the overall sustainability of communities.

10.32 The lack of adequate road infrastructure, especially in rural areas, highlights a
systemic issue within local governance that must be addressed urgently to fulfil
the constitutional mandate.

Findings Conclusion

10.33 The Commission concludes that the state has failed to meet its constitutional
obligations as outlined in Section 7(2) of the Constitution. The persistent backlog
in road infrastructure, coupled with insufficient and mismanaged funding, has
led to widespread violations of fundamental rights, including the rights to
equality, dignity, life, freedom of movement, healthcare, education, employment,
safety, and a healthy environment. The Commission further finds that these
failures reflect a broader systemic issue within the government's approach to
infrastructure development and maintenance, particularly in rural and
marginalized communities.

10.34 The lack of effective road maintenance and development not only hampers
access to essential services but also perpetuates socio-economic inequalities,
undermines public safety, and exacerbates environmental degradation.

10.35 The state's obligations under various legal frameworks, including the Promotion
of Equality and Prevention of Unfair Discrimination Act (PEPUDA), the National

82
 Health Act, the South African Schools Act, the National Environmental
Management Act (NEMA), and the Municipal Systems Act, have not been met,
further compounding the impact of these violations.

10.36 Immediate and comprehensive action is required to rectify these issues,

including increased and properly managed funding, better planning, and more
effective execution of infrastructure projects.

10.37 The Commission emphasizes that such actions are necessary not only to
address the current backlog but also to ensure sustainable development that
respects and protects the rights of all individuals in the Eastern Cape.

10.38 Without such intervention, the ongoing neglect will continue to erode the rights
and well-being of the province's most vulnerable communities, perpetuating
cycles of poverty, inequality, and environmental harm.

11 RECOMMENDATIONS

Introduction
11.4 In accordance with the South African Human Rights Commission (SAHRC) Act,
the Commission is vested with the authority to make recommendations that
promote and protect human rights within the framework of the Constitution. The
preamble of the Act underscores the SAHRC’s constitutional mandate to foster
respect for human rights, ensure their protection and development, and monitor
the observance of these rights across South Africa.

11.5 Specifically, Section 13(1)(a)(i) empowers the Commission to issue

recommendations to organs of state at all levels of government whenever such
actions are deemed necessary to advance human rights.

11.6 Section 13(3)(a) also empowers the Commission to assist persons affected by
human rights violations, to secure redress. This provision underscores the
Commission's role in not only recommending remedial actions but also actively
pursuing legal avenues to ensure that justice is served and human rights are
upheld.

11.7 Furthermore, section 18(2) calls on the Commission to submit to the National
Assembly reports on its findings of a serious nature. Section 18(4) further states
that if the Commission makes any finding or recommendation in respect of a

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 matter investigated by it known to the head of the organisation or institution or
executive authority of ay national or provincial department concerned, the head
of the organisation or institution or the executive authority of any national or
provincial department concerned must within 60 days after becoming aware of
such finding or recommendation respond in writing to the Commission,
indicating whether his or her organsiation, institution or department intends
taking any steps to give effect to such finding or recommendation, if any such
steps are required.

11.8 In view thereof, the Commission makes the following recommendations:

NATIONAL TREASURY
Urgent Intervention to Address the Eastern Cape Roads Backlog

11.8.2 The National Treasury must prioritize and assist the Eastern Cape Provincial
Government in addressing the critical roads infrastructure backlog as a matter
of urgency.

11.8.3 Specific focus should be placed on increasing the percentage of paved roads
in the Eastern Cape from the current 9% to at least the national average of
25%. This intervention is essential to ensure equitable access to safe and
reliable transport infrastructure across all provinces.

11.8.4 Treasury should allocate targeted funding through a special infrastructure

development grant specifically aimed at road paving and rehabilitation in the
Eastern Cape. This funding should be ring-fenced to prevent diversion to other
projects and should be disbursed with strict timelines and accountability
measures to ensure prompt and effective utilization.

Exploration of Alternative Funding Methods

11.8.5 The National Treasury should explore and implement alternative funding
methods to address the historical and cyclical neglect of road infrastructure in
the Eastern Cape.

11.8.6 One such method could include the introduction of a once-off fuel levy,
specifically earmarked for infrastructure development in the province. This
levy would be designed to generate immediate and substantial funding to bring

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 the Eastern Cape's infrastructure on par with other provinces, thereby fostering
urgent economic development and prosperity.

11.8.7 Treasury should conduct a comprehensive feasibility study on the proposed fuel
levy, including its potential economic impact, revenue generation, and public
acceptance. Based on the study's findings, a detailed implementation plan
should be developed, outlining the levy’s scope, duration, and the specific
infrastructure projects it will fund. The levy should be accompanied by
transparent reporting mechanisms to ensure that funds are used exclusively for
the intended purpose.

Re-evaluation of the Equitable Grants Funding Model

11.8.8 The National Treasury should reconsider and potentially revise the current
equitable grants funding model, particularly in the context of the Eastern Cape's
unique challenges.

11.8.9 The cyclical nature of inadequate infrastructure funding—where insufficient

investment leads to population decline, which in turn results in even less
funding—needs to be addressed to break this vicious cycle. Treasury should
develop a model that takes into account the need for sustained and substantial
investment in regions suffering from historical neglect.

11.8.10 Treasury should thus initiate a review of the equitable share formula, with
particular attention to infrastructure needs in underdeveloped provinces like the
Eastern Cape. This review should consider factors such as historical
underinvestment, population outmigration, and the need for infrastructure
as a catalyst for economic recovery and growth. Based on this review, a
revised funding model should be proposed that allocates additional resources
to regions with significant infrastructure deficits, ensuring a more balanced and
equitable distribution of national resources.

EASTERN CAPE PROVINCIAL TREASURY

Leveraging Public-Private Partnerships (PPPs)

11.8.11 The Eastern Cape Provincial Treasury should actively pursue and facilitate
public-private partnerships (PPPs) to supplement government funding for

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 road infrastructure projects. Engaging the private sector can help bridge the
funding gap and expedite the completion of critical infrastructure projects.

11.8.12 Develop a framework for PPPs that incentivizes private investment in road
infrastructure, such as offering tax incentives or co-funding opportunities.
The Department should also establish a dedicated unit to identify potential PPP
projects, manage negotiations, and oversee the implementation of these
partnerships.

Exploring Alternative Revenue Streams

11.8.13 Provincial Treasury should further explore alternative revenue streams to

generate additional funding for road infrastructure. This could include options
such as tolling specific high-traffic routes.

11.8.14 In conjunction with stakeholders, conduct a feasibility study to identify potential

alternative revenue sources, including the economic impact and public
acceptance of tolling or levies. Based on the study’s outcomes, Provincial
Treasury should develop a plan to implement these revenue-generating
mechanisms, with clear guidelines on how the funds will be allocated and
managed.

Addressing the Equitable Share Formula Challenges

11.8.15 Provincial Treasury should advocate for a review of the equitable share
formula at the provincial level, ensuring that the unique infrastructure challenges
of the Eastern Cape are adequately addressed. This is particularly important in
regions where population decline due to inadequate infrastructure further
reduces funding allocations, perpetuating a cycle of underdevelopment.

11.8.16 Provincial Treasury should work closely with the National Treasury to develop a
proposal for revising the equitable share formula. This proposal should highlight
the specific challenges faced by the Eastern Cape, including historical neglect,
geographic dispersion, and the need for sustained investment to reverse
population decline and stimulate economic growth.

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Strengthening Interdepartmental Collaboration

11.8.17 Provincial Treasury should foster stronger collaboration with other provincial
departments, particularly the Department of Transport, to ensure that financial
planning and infrastructure development are aligned. This includes joint
planning sessions, shared goals, and coordinated implementation strategies to
maximize the impact of available funds.

NATIONAL DEPARTMENT OF TRANSPORT

Comprehensive Road Infrastructure Development Program

11.8.18 The National Department of Transport should initiate and implement a

comprehensive road infrastructure development program specifically targeting
underdeveloped provinces like the Eastern Cape. This program should aim to
bring the province's road network up to the national standard, particularly
by increasing the percentage of paved roads.

11.8.19 Develop a targeted initiative under the Strategic Integrated Projects (SIPs)
framework, specifically focusing on improving road connectivity in the Eastern
Cape. This initiative should include clear milestones, dedicated funding, and
regular progress reviews to ensure that the development targets are met.

Focus on Sustainable and Climate-Resilient Infrastructure

11.8.20 The Department should prioritize the development of sustainable and climate-
resilient road infrastructure in the Eastern Cape, considering the region’s
vulnerability to extreme weather events and environmental degradation.

11.8.21 The Department should integrate climate resilience into the planning and design
of all new road projects in the Eastern Cape. This includes using materials and
construction techniques that can withstand extreme weather, as well as
incorporating green infrastructure such as natural drainage systems and
reforestation efforts alongside roadways.

Reinforcement of Rail Infrastructure to Alleviate Road Pressure

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11.8.22 The Department should prioritize the revitalization and expansion of the rail
network in the Eastern Cape as part of a broader strategy to shift freight and
passenger traffic from road to rail. This would reduce the pressure on road
networks, lower maintenance costs, and contribute to environmental
sustainability.

11.8.23 The Department should further fast-track the implementation of the Freight
Road to Rail Migration Plan (FRRMP) in the Eastern Cape, focusing on
rehabilitating existing rail lines and developing new connections. Collaborate
with Transnet and other relevant entities to ensure that rail infrastructure is
upgraded in a way that supports regional economic activities, particularly in
agriculture and manufacturing.

Implementation of Innovative Funding Mechanisms

11.8.24 The Department should work with the National Treasury to explore and
implement innovative funding mechanisms that can supplement traditional
sources of road infrastructure financing. This could include toll roads,
infrastructure bonds, and dedicated levies, particularly for high-traffic routes in
the Eastern Cape.

EASTERN CAPE DEPARTMENT OF TRANSPORT

Targeted Support for Tourism and Farming Sectors

11.8.25 The ECDOT should prioritize the repair and maintenance of roads that are
crucial to the tourism and farming sectors. These sectors are vital to the
provincial economy and require reliable transport infrastructure to function
effectively.

11.8.26 In doing so the ECDOT must establish a dedicated task force within the ECDOT
to identify and prioritize critical road projects in key tourism and farming areas.
This task force should work closely with stakeholders from these sectors to
ensure that the most pressing infrastructure needs are addressed promptly.

Prioritization of Critical Routes to Essential Services

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11.8.27 The ECDOT should prioritize the maintenance and upgrading of roads that
provide access to hospitals, schools, and police stations, ensuring that these
essential services are not disrupted by poor road conditions.

11.8.28 The ECDOT should thus conduct a province-wide audit to identify all critical
routes leading to hospitals, schools, and police stations. Based on the audit
findings, develop a priority list for road maintenance and upgrades, ensuring
that these routes are kept in optimal condition. The ECDOT should also
establish emergency response protocols to address any road damage that
threatens access to these essential services.

Expedited Repairs for Emergency and SAPS Vehicles

11.8.29 The ECDOT should ensure that vehicle repairs at the provincial repair workshop
prioritize Emergency Medical Services (EMS) and South African Police Service
(SAPS) vehicles. These vehicles are essential for public safety and emergency
response, and any delays in their repair can have serious consequences.

11.8.30 In doing so, the ECDOT should implement a priority repair protocol at the
provincial repair workshop, ensuring that EMS and SAPS vehicles are repaired
and returned to service as quickly as possible. The ECDOT should also allocate
additional resources to the workshop to reduce repair times and improve overall
service efficiency, by considering offering apprenticeships through engagement
with the relevant Services Education Training Authority (SETA)

Establish a Private Road Repair and Reimbursement Process

11.8.31 The Eastern Cape Department of Transport should urgently implement a clear
process for private individuals, cooperatives, and businesses to
undertake road repairs and claim reimbursement, as permitted under the
National Roads Act (Act 54 of 1971).

11.8.32 The Department must develop guidelines outlining the approval process and
documentation required for these repairs, with a focus on expediting approvals
in areas with urgent needs. A dedicated unit should be established to manage
applications and ensure timely reimbursements.

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11.8.33 This process will enable the Department to leverage private capacity to address
critical road maintenance, particularly on essential routes like those to hospitals,
schools, and agricultural areas, ensuring these roads are kept safe and
functional.

Enhanced Collaboration with SANRAL and Other Agencies

11.8.34 The ECDOT should enhance its collaboration with SANRAL and other relevant
agencies to ensure that strategic and primary road networks that are beyond
the provincial budget are adequately maintained and developed.

11.8.35 The ECDOT should thus strengthen partnerships with SANRAL for the
management and development of key road networks in the province. This
should include joint planning sessions, shared funding arrangements, and
regular coordination meetings to align priorities and resources. The ECDOT
should also explore co-funding models with national agencies to maximize the
impact of available resources.

Urgently address active Commission Complaints

11.8.36 Urgently address the concerns highlighted by specific complaints to the

Commission as set out in Paragraph 2 and 3 above.

DISTRICT MUNICIPALITIES

Implementation and Optimization of Road Asset Management Systems (RAMS)

11.8.37 District municipalities should fully implement and optimize their Road Asset
Management Systems (RAMS) to accurately assess and manage the condition
of local roads. RAMS should be used as a primary tool for identifying
maintenance needs, prioritizing road repairs, and planning long-term
infrastructure development.

11.8.38 District municipalities must ensure the effective and strategic use of the
Provincial Road Maintenance Grant (PRMG) to address the most urgent road
maintenance needs within their jurisdictions. The PRMG should be allocated
based on the priorities identified through RAMS, ensuring that funds are directed
to the most critical infrastructure projects.

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Ensuring Fully Operational Yellow Fleets for Local Municipalities

11.8.39 District municipalities should ensure that each of their local municipalities is
equipped with a fully operational yellow fleet—a collection of heavy-duty
vehicles and machinery essential for road maintenance and construction
activities.

11.8.40 This is critical for enabling timely and efficient road repairs, especially in remote
and rural areas where infrastructure degradation can quickly become severe if
not addressed promptly.

11.8.41 District municipalities should further conduct an assessment of the current state
of yellow fleets across all local municipalities within their jurisdiction. Based on
this assessment, they should develop a plan to upgrade or expand these fleets
as necessary, which may include purchasing new equipment, repairing existing
machinery, or reallocating resources from other areas.

11.8.42 Additionally, a fleet management system should be established to ensure

regular maintenance, efficient use, and rapid deployment of these vehicles to
areas in need. District municipalities should also consider establishing shared
services agreements where neighbouring local municipalities can pool
resources to maximize the utilization and availability of their yellow fleets.

LOCAL MUNICIPALITIES

Maximize Utilization of Available Grants

11.8.43 Local municipalities must ensure the full and efficient utilization of all relevant
grants, such as the Municipal Infrastructure Grant (MIG) and the Provincial
Road Maintenance Grant (PRMG). These funds should be strategically
allocated to address the most pressing infrastructure needs within the
municipality.

11.8.44 In doing so the municipalities must establish a dedicated grant management

team within the municipality responsible for overseeing the application,
allocation, and monitoring of all grants. This team should ensure that funds are
used in accordance with grant conditions and that no available funds are left

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 unspent. Regular reviews and audits should be conducted to track spending and
outcomes

Establish “Adopt-a-Road” Programs

11.8.45 Local municipalities should create "Adopt-a-Road" programs where local

businesses, agricultural cooperatives, and community groups can take
responsibility for maintaining specific road segments. This program would foster
community ownership and ensure regular maintenance without relying solely on
municipal resources.

11.8.46 Launch the program by identifying key roads that could benefit from adoption.
Offer incentives such as public recognition, tax rebates, or advertising
opportunities along the adopted roads to encourage participation. Develop a
straightforward agreement template outlining the responsibilities of both the
municipality and the adopting entity, ensuring regular monitoring and support.

Deploy Mobile Maintenance Units

11.8.47 Local municipalities should establish mobile maintenance units equipped with
essential tools and machinery to address minor road repairs quickly. These units
would be tasked with responding to road issues as they arise, ensuring that
small problems are fixed before they escalate.

11.8.48 Local Municipalities should also equip these mobile units with versatile tools and
machinery that can handle common road issues such as potholes, erosion, and
minor resurfacing. Train a team of municipal workers to operate these units and
create a rapid response system where residents can report road issues via a
mobile app or hotline.

Pilot Sustainable Road Surfacing Techniques

11.8.49 Local municipalities should pilot the use of sustainable and locally-sourced
materials for road surfacing and repairs, such as recycled plastic, rubber, or
locally available aggregates. This would not only improve road durability but also
promote environmental sustainability.

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11.8.50 Identify a few pilot sites within the municipality where these sustainable
techniques can be tested. Partner with universities in the Eastern Cape or
private companies specializing in sustainable materials to conduct the pilot.

11.8.51 Monitor the performance of these materials over time and, if successful, scale
up their use across the municipality.

Establish “Critical Route Task Forces”

11.8.52 Form dedicated task forces within the municipality that focus solely on
maintaining and improving critical routes, particularly those leading to
hospitals, schools, and police stations. These task forces would operate with a
mandate to ensure these roads are always in optimal condition. Each task force
should consist of municipal engineers, road maintenance crews, and community
representatives. Assign specific critical routes to each task force, and provide
them with the resources needed to ensure these routes are prioritized for
maintenance. The task forces should conduct regular inspections and be
empowered to make immediate decisions on repairs.

DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

Strengthen Disaster Management Capacities at Local Levels

11.8.53 COGTA should enhance the disaster management capacities of local

municipalities by providing targeted training, resources, and technical support.
This will ensure that municipalities are better prepared to manage road
infrastructure during and after disasters, reducing the impact on essential
services and community access.

11.8.54 Develop a comprehensive disaster management training program tailored for

local municipalities, focusing on the integration of road infrastructure
management into broader disaster response strategies. COGTA should also
provide municipalities with disaster response toolkits, including guidelines for
immediate road repairs, emergency communication protocols, and resource
mobilization strategies during disasters.

Facilitate Access to Disaster Relief Funding

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11.8.55 COGTA should streamline access to disaster relief funding for municipalities to
ensure quick and effective responses to road infrastructure damage caused by
natural disasters. This includes simplifying the application processes and
providing pre-approval mechanisms for high-risk areas.

11.8.56 Establish and strengthen a fast-track disaster relief funding process for
municipalities in disaster-prone areas.

11.8.57 COGTA should work with the National Treasury to create a contingency fund
specifically for road infrastructure repairs in the event of a disaster. Additionally,
provide municipalities with clear guidelines on how to apply for and utilize these
funds effectively.

Develop a Road Infrastructure Resilience Framework

11.8.58 COGTA must collaborate with the Department of Transport and other relevant
bodies to create a resilience framework that includes specific measures for
protecting road infrastructure from flooding, landslides, and other disaster risks.
COGTA should also offer grants or incentives to municipalities that adopt and
implement the framework, prioritizing those in high-risk regions.

TRANSNET

Accelerate Rail Infrastructure Upgrades in the Eastern Cape

11.8.59 Transnet must urgently accelerate the upgrading and rehabilitation of rail
infrastructure in the Eastern Cape, particularly on key routes that serve major
economic sectors. This will help alleviate the heavy reliance on road transport,
reduce road degradation, and support regional economic development.

11.8.60 Transnet must further allocate resources to fast-track the rehabilitation and
modernization of these rail lines. Transnet should establish clear timelines and
milestones for these projects, ensuring transparency and accountability in their
execution.

11.8.61 Transnet should further invest in improving rail-related infrastructure at key ports
in the Eastern Cape, such as the Port of Ngqura and Port Elizabeth. Enhancing

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 these facilities will improve the efficiency of cargo handling and strengthen the
integration of rail and maritime transport.

11.8.62 Transnet must further assess the current state of passenger rail services in the
province and identify routes with high demand or significant gaps in service.
Develop a plan to improve service frequency, reliability, and safety, particularly
for routes potentially connecting rural areas to major towns and cities. Transnet
should also explore options for integrating rail services with other forms of public
transport to create a more cohesive regional transit system.

SANRAL

Strengthen Collaboration with the Office of the Premier for Provincial Road Management

11.8.63 SANRAL should engage in more frequent and strategic collaboration with the
Office of the Premier of the Eastern Cape to assume responsibility for and
manage provincial roads, as permitted by law.

11.8.64 This partnership should focus on a targeted approach to upgrade and maintain
as many provincial roads as possible, with the goal of bringing the Eastern
Cape's road infrastructure on par with other provinces over the next few years.

11.8.65 SANRAL should initiate regular high-level meetings with the Office of the
Premier to identify provincial roads that can be transitioned under SANRAL's
management.

11.8.66 Develop a phased plan to take over these roads, prioritizing those with the
greatest economic impact and connectivity potential. SANRAL should also
secure additional funding and resources from national authorities to ensure that
these roads are upgraded and maintained to national standards.

11.8.67 This plan should include a specific timeframe and measurable goals, with
progress reviewed annually to ensure that the Eastern Cape receives the
focused attention needed to elevate its road infrastructure to a competitive level.

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EASTERN CAPE OFFICE OF THE PREMIER

Urgent Fast-Tracking of SA Connect to Support Remote Learning and Reduce

Dependence on Scholar Transport

11.8.68 The Office of the Premier must urgently prioritize and fast-track the
implementation of the SA Connect initiative in rural areas of the Eastern
Cape.

11.8.69 Expanding high-speed internet access in these regions is crucial to enable

remote learning, which, in the long term, can significantly reduce the
dependence on scholar transport and strain on the DOT’s budget. This
initiative aligns with the broader vision of the MEC for Education in the Eastern
Cape and serves as a transformative solution to the challenges of providing
education in remote areas, as well as addressing wear and tear on road
infrastructure. It will also address the crisis children face during floods and
disastrous weather patterns.

11.8.70 The Office of the Premier should thus convene a task force dedicated to the
rapid deployment of SA Connect infrastructure, focusing on schools and
communities in the most isolated regions. Collaborate with the Department of
Communications and Digital Technologies, local internet service providers, and
international partners to accelerate the rollout. Additionally, develop a phased
plan that initially targets areas where road infrastructure is poor and access to
education is most challenging, gradually expanding coverage to all rural areas

Lead a Coordinated Provincial Road Infrastructure Task Force

11.8.71 The Office of the Premier should urgently streamline the regulatory approval
processes, including environmental authorizations, SPLUMA procedures,
tribal land acquisition, and borrow/quarry approvals, to prevent delays in
road maintenance and improvement projects. These processes have been
significant obstacles and addressing these bottlenecks is crucial for timely
project execution.

11.8.72 The Office of the Premier should establish and lead a Provincial Road
Infrastructure Task Force, bringing together key stakeholders, including the

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 Eastern Cape Department of Transport, SANRAL, district and local
municipalities, and relevant private sector partners.

11.8.73 This task force should focus on developing and implementing a comprehensive
strategy to upgrade and maintain the province’s road network.

11.8.74 It is recommended that the OOP convene an initial summit with all relevant
stakeholders, including the Commission, to outline the reason, objectives and
structure of the task force. Establish working groups within the task force
focused on specific areas such as funding, project management, and
community engagement. The Office of the Premier should ensure that this task
force has clear targets, timelines, and accountability mechanisms, with regular
progress reports provided to both the provincial government and the public.

Prioritize Provincial Roads for National Management by SANRAL

11.8.75 The Office of the Premier should actively work with SANRAL to transfer the
management of key provincial roads to SANRAL’s control, particularly those that
are critical for economic activities and connectivity within the province.

11.8.76 This initiative should be part of a broader strategy to elevate the quality of
Eastern Cape’s road infrastructure.

Champion Funding Mobilization for Road Infrastructure

11.8.77 The Office of the Premier should lead efforts to mobilize additional funding
for road infrastructure projects in the Eastern Cape. This includes advocating
for increased allocations from the National Treasury, exploring alternative
funding mechanisms such as public-private partnerships, and leveraging
international development funds.

12 FINAL COMMENTS

The South African Human Rights Commission’s inquiry into the state of road
infrastructure in the Eastern Cape has laid bare a stark reality—one that speaks to a
legacy of inequality, deeply rooted in the apartheid era, which continues to manifest in the
profound disparities between provinces. The Eastern Cape, historically marginalized,
remains trapped in a cycle of underdevelopment and neglect. The backlogs in road
infrastructure, compounded by insufficient funding and inadequate maintenance, have

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left communities isolated, economies stunted, and the most vulnerable populations
deprived of their fundamental human rights.

Throughout the inquiry, the Commission has been confronted with harrowing stories of
communities cut off from essential services, farmers struggling to bring their produce to
market, children risking their lives on dangerous, dilapidated roads just to reach school,
and countless others whose daily lives are a constant struggle against the consequences
of infrastructural neglect. These are not just stories of inconvenience; they are testimonies
to the violation of basic human rights—the right to life, to dignity, to education, to
healthcare, and to safety and security. Despite numerous policy interventions and
governmental efforts, the current situation in the Eastern Cape remains dire.

The futility of past attempts, without significant, bold, and innovative strategies, suggests
that the province will remain in its current state of disrepair. The Commission is
unequivocally convinced that without out-of-the-box thinking, collaborative efforts across
all levels of government, and a firm commitment to change, the Eastern Cape will continue
to lag behind, perpetuating the cycle of poverty and inequality. Yet, this is not just a
provincial issue—it is a national concern. Every stakeholder, from the national
government to local municipalities, from private sector partners to civil society, must
recognize that the time to act is not in some distant future, but now. It is not a question of
"if" the Eastern Cape will improve, but "how soon" we can mobilize the necessary
resources, political will, and collective action to make it happen.

The adoption of the Commission’s recommendations is not just a step towards improving
road infrastructure—it is a crucial move towards restoring the dignity and rights of the
people of the Eastern Cape.

The Commission firmly believes that through the rigorous implementation of these
recommendations, the tragic human rights violations unearthed through this inquiry can
be addressed, and future generations can look forward to a province that is not only
connected by roads but united in its commitment to equality, development, and human
rights. The journey to remedy these injustices is long, but it is one that must begin
immediately, with the full weight of our collective determination and resolve.

SIGNED

________________
Commissioner Philile Ntuli
Commissioner of the South African Human Rights Commission and Chairperson
of the Inquiry

DATE:
25 October 2024

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