Durban — The eThekwini Municipality’s acting engineering unit head, Thanda Zulu, said enforcement of policy around wayleaves and excavations would control illegal extraction, and coerce consequence management on those who failed to comply with a by-law.
“We have the responsibility to control roadworks in the municipality, hence this consultative engagement. The by-law document allows stakeholders to have a point of reference,” said Zulu.
Zulu said the City resolved to fight delinquent contractors who left holes after doing infrastructure work around the City, endangering the lives of residents. The City was making progress in its attempts at regulating excavations and getting the right from landowners to carry on municipality work on private land.
This, after the municipality held an interactive engagement with stakeholders to discuss how to regulate wayleaves and excavations in the city. It was held at the Inkosi Albert Luthuli International Convention Centre on Thursday.
The municipality’s head of communications, Lindiwe Khuzwayo, said the eThekwini Wayleave and Excavation By-law Indaba saw stakeholders engage in a robust debate to provide input toward the regulations of wayleaves and excavations in and around the city.
The Human Settlements and Infrastructure Committee chairperson, councillor Themba Mvubu, urged stakeholders to adhere to the by-laws.
“The City adopted the Wayleave and Excavation By-law in 2022. This forms part of the City’s vision of creating a quality living environment and an effective system for the control of excavations in public spaces,” Mvubu said.
Mvubu said the by-law aimed to provide regulation of all work to be executed on any public road reserve and municipal servitudes. He added that the by-law further provided for wayleave application approval, rejection, and withdrawal procedures.
Mvubu said that over the past few years, the City had undergone a massive expansion of underground fibre network cables with several areas across the city having fibre networks installed.
The introduction of this by-law was taken against this backdrop.
“Residents complained of roads and pavements being dug up by contractors and left in a poor state, and not being returned to their previous conditions. There have been several incidents where contractors installing cable breaks underground destroy electricity cables and water pipes during these excavations, leaving residents without water and electricity for long periods,” he said.
The senior manager for Road and Stormwater Maintenance, Thomas Maduramuthu, said many companies did not follow the correct channels of applying for wayleaves during the Covid-19 period.
“We advise stakeholders to have a proper plan for fibre cable installations. It is very important to understand that a wayleave is the legal document that permits companies to do excavations.
“Companies will be fined R300 000 or face three years imprisonment for failure to comply with wayleave and excavation by-laws,” said Maduramuthu.
DA eThekwini exco member, councillor Yogis Govender, said the DA paved the way and pushed its councillors to interact with the roads, stormwater, electricity and water units that were reeling from the aftermath of fibre excavation. Govender said fibre contractors usually created huge problems in the city during the installation of their infrastructure.
“The contractors usually wreak havoc with municipal infrastructure and private properties as well, and most of the time they leave gaping holes, which endanger the lives of residents,” Govender said.
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