Durban - Companies that damage municipal infrastructure while digging up pavements in eThekwini Municipality to install fibre or other products, may soon have to face the consequences as a new city by-law has been proposed.
The city has proposed a new by-law called the Wayleave and Excavation By-law, 2022, which will soon go out for public comment. It was tabled before the Executive Committee (Exco) this week.
Councillors across party lines said the by-law was necessary as private companies were damaging essential infrastructure, and it then fell to the city to carry out repairs.
There have been numerous complaints across the city about companies that dig up pavements, very often leaving them in a poor state. In some cases, these companies dig up driveways which prevent people from being able to access their homes in their vehicles.
In providing background on the matter, a report before Exco said that with the current wayleave process implemented by the Engineering Unit having not been legislated, it was obligatory to develop legislation to regulate works to be executed.
The report called for the Wayleave and Excavation By-law, 2022, to be approved for public participation with the notice published for comment in the Ezasegagasini Metro and a copy of the by-law to be placed on the City Hall notice board, at Sizakala Centres and on the eThekwini Municipality website.
It said it should be available on these platforms for a period of not less than 30 days to allow the public an opportunity to make representations with regard to the proposed by-law.
“It is recorded that this by-law provides for the regulation of all works to be executed in any public road reserve and municipal servitudes, to provide for the regulation of protected precincts, to provide for matters relating to costs and to provide for existing and planned services,” it said.
Councillors said they were in full support of the proposed by-law.
ANC councillor Nkosenhle Madlala said some companies responsible for the digging were being disrespectful towards the city in the manner in which they carried out their operations, and this had led to negative outcomes for ratepayers.
“This by-law is important as eThekwini has become a free for all as people do as they please now. They just go and dig up the street without permission. It (the by-law) will also help us in that if the company digs up the street and does not leave the street in the condition it found it, we can hold it accountable,” said Madlala.
“I am sure that we have all been made aware of the incident where the homeowner went to work in the morning in a car and when he came back in the afternoon the road and his driveway had been dug up.
“He could not get into the house and the people digging didn’t even have the decency to put down shutters to allow the homeowner to get in the house, and as such the person parked the car outside and the car was stolen.
“The case came to the municipality because the homeowner did not believe that someone could just dig up municipal (property) without permission,” said Madlala.
DA councillor Thabani Mthethwa said the DA had been fighting for this behaviour to be curbed. He said the party had tabled a motion to that effect, and as such they believed this by-law was a result of their fight for regulations.
“At the time, our councillors and all other councillors were inundated with complaints from community members as this was not regulated. If these companies, while digging, damaged a water pipe or electricity cables, there was nothing that could be done as they were not regulated. We are therefore happy about this by-law,” he said.
IFP councillor Mdu Nkosi said they were in full support of the by-law.
“These companies install fibre, and dig up and damage the municipal infrastructure, which has a negative impact on communities. These companies will now have to engage with the municipality to find out what infrastructure is there, and even if they dig they will be responsible for restoring the site to its original condition, and not just leave gaping holes in the ground,” said Nkosi.