Page 100 - Q&A

Can I repair my farm road and claim the cost
from Government?

February 2020
“I am a small commercial farmer. The roads in my region are mostly gravel and
dirt roads and are generally in an atrocious state. This has a detrimental effect
on the running of my farm as I often cannot get transport in or out of the farm.
As these roads have not been maintained in years, a few farmers are considering
repairing some of the roads ourselves. Should we continue with such repairs will
we have a claim that Government reimburse us?”
In general, it would be expected that private individuals cannot just supplant the
authority of Government and start repairing roads and then ask Government to
foot the bill. However, in the case of Agri Eastern Cape and others v MEC for the
Department of Roads and Public Works and others [2017] 2 All SA 406 (ECG)
the Court set a precedent for the possibility of private individuals being allowed
to repair roads and Government reimbursing them, but subject to stringent
terms and conditions.
The case followed from an application by a voluntary association (Agri EC) and
members thereof with the focus of the application being the poor condition and
lack of maintenance and repair of the road network of the farming communities
in the Eastern Cape and the need for a plan of action to remedy the situation.

In determining the matter, the Court found that there could be grounds
for farmers to undertake important road repairs and the court ordered the
Provincial Roads Department to reimburse farmers who carry out maintenance
themselves. Of necessity, such scenarios must be limited and well circumscribed
to avoid abuse. To address this, the Court established specific requirements
that had to be met, including, providing for notice to the Department of the need
to inspect a particular road, obtaining two independent quotations which must
be provided to the Department for approval, and if the quotation is accepted
by the Department or should the Department fail to respond, the farmer will be
Litigation must be notified and allowed to inspect the road. The court also proposed that
allowed to approve a quotation. After the work is completed, the Department
should a dispute arise about the need to repair a road it must be referred to the
Chairman of the Civil Engineers Association for the district in question.
Although, the circumstances are specific in the case, the judgment does
provide a precedent for farmers faced with similar problematic situations in
respect of their regional and community roads. But before proceeding with
any repairs to your roads, it would be advisable that you first consult with your
attorney and review what you would need to meet in order to be able to claim
for expenses you may incur.

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