JOINT COMPLAINT: UNLAWFUL USE AND DAMAGE TO WINNAARSPOORT GRAVEL ROAD

To:
The Director: Technical Services (Roads & Infrastructure)
Emakhazeni Local Municipality

Cc:

• Roads Infrastructure and Asset Management
  Mpumalanga Department of Public Works, Roads and Transport
• Municipal Traffic Services – Emakhazeni
• Ward Councillor (Ward 4)

Date: 25 April 2026

1. Parties to this complaint

We, the undersigned landowners and lawful road users, own properties accessed via Winnaarspoort Road, a gravel road turning off the N4 National Route near eNtokozweni.

A list of signatories and property descriptions is attached as Annexure A.

2. Description of the road

• Road name: Winnaarspoort Road
• Surface: Gravel
• Function: Primary access road to farms, lodges, holiday homes and private properties
• Posted restriction: Maximum mass 12 tonnes, clearly signposted at the N4 turn‑off

3. Nature of the complaint

Despite the clearly posted 12‑tonne mass restriction, the road is being regularly and repeatedly used by heavy vehicles, including trucks and construction traffic.

As a direct consequence:

• The road surface has deteriorated significantly
• Rutting, corrugation, erosion and drainage failure have increased
• Access for light vehicles and emergency services is compromised
• Ongoing maintenance costs have escalated beyond what is reasonable for a low‑volume gravel road

4. Legal and regulatory position

1. The mass restriction is enforceable under the National Road Traffic Act, 1996 and associated regulations.
2. Vehicles exceeding the posted mass limit are using the road unlawfully.
3. The existence of unlawful use does not absolve the relevant road authority of maintenance responsibilities.
4. Responsibility for:
   • Road maintenance, and
   • Enforcement of access and load restrictions

rests with the road authority having jurisdiction over the road.

5. Relief requested

We hereby request the following:

1. Formal confirmation (in writing) of:
   • Whether Winnaarspoort Road is a municipal or provincial road
   • The authority legally responsible for its maintenance
2. Immediate intervention to:
   • Enforce the posted 12‑tonne restriction
   • Prevent further unlawful heavy‑vehicle use
3. Remedial maintenance, including:
   • Re‑gravelling where required
   • Proper shaping and drainage restoration
   • Measures to protect the road structure from continued abuse
4. Consideration of preventative controls, such as:
   • Physical access management
   • Increased traffic enforcement
   • Engagement with known offenders (e.g. construction or haulage operators)

6. Consequences of inaction

Should the matter not be addressed within a reasonable period, we reserve the right to escalate the issue to:

• The MEC for Public Works, Roads and Transport – Mpumalanga
• The Municipal Public Accounts Committee
• The South African Human Rights Commission, insofar as access to property and public safety are affected

This letter is submitted in good faith and in the interest of lawful road use, safety, and preservation of public infrastructure.

For any enquiries and feedback please contact Anton de Klerk at 083 651 4020 or antondk500@gmail.com.

Signed at: Emakhazeni
Date: April 2026

Signatures:
(see Annexure A)