Road to ruins: Now what? Buffalo City spent R430m fixing pothole-riddled road it doesn't own

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23-09-2024
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News 24
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• The Buffalo City Metro spent R430 million on upgrading pothole-riddled Settlers Way, which leads to King Phalo Airport. 
• After initially denying ownership, the Eastern Cape government now claims the road is under its jurisdiction.
• But it has not paid for the upgrades. 

The Buffalo City metro is at risk of losing a R430-million investment it made towards the upgrade of pothole-riddled Settlers Way - a road it does not own.

The 7.6km stretch of the R72, from the Fleet Street police station in the East London CBD to the traffic intersection near King Phalo Airport, was upgraded in line with a 2020 Buffalo City council decision at a time when ownership of the road was still unclear. 

The upgrade was completed late last year.

Efforts to recoup the money were considered during a Municipal Public Accounts Committee meeting in East London in November 2023.

The South African National Roads Agency (Sanral) denied ownership of the road.

The Eastern Cape government also said the road was not its responsibility.

During a council meeting at East London's city hall last month, ANC councillor Sakhumzi Caga raised the issue and asked the council and officials to fast-track the process of repaying the money spent on the road.

At the time, metro spokesperson Samkelo Ngwenya said: 'We are convinced that Settlers Way is a national road."

He said the council had sent letters to the relevant parties.

"At this stage, there has been little to no feedback. We will also pursue the matter through the setup and functioning intergovernmental structures. At the very least, it is hoped that this will be resolved amicably," Ngwenya added.

Mbulelo Peterson, Sanral manager for the southern region, said the metro had not approached the agency over the ownership of the road.

"This section of the R72 does not fall within the Sanral network," Petersen added.

Eventually, in an about-turn on Thursday, the provincial government said the road fell under its jurisdiction.

Eastern Cape Department of Transport and Community Safety spokesperson Makhaya Komisa said discussions with the municipality to resolve the confusion were ongoing.

"The issue is that they never consulted us [before] the upgrading," Komisa pointed out.

Asked if the provincial government would refund the municipality for the repairs, Komisa said: "We cannot pre-empt the outcome of the discussions and say we will pay or we will not pay. It will depend on the outcome of the discussions."

DA councillor Geoff Walton said the project to upgrade the road was presented in council in 2020 as an urgent project to ensure, among other things, that production at the Mercedes-Benz plant along Settlers Way Road was assisted with logistical support to ensure that the factory remained viable within the city.

"There was no discussion, at that time, that this road did not, or may not, fall under the control of the municipality. There was therefore no suggestion or agreement that funds expended would be recouped from any other party.

"There were discussions that it would be preferable that grant funds be obtained for the project rather than using own municipal funds, but given the urgency of the matter, it was agreed that own funds would be used," said Walton.

Walton added that it was only after completion of the upgrade that there were discussions that the road might not belong to the municipality.

Walton added:

So ownership of the road was at no time mentioned in council at the time the budgets were approved, and officials included the funding in the budget on that basis. The council has over many years maintained this road surface, fixing potholes and other defects.

Ngwenya pointed out that other cities should learn from the confusion about the ownership of the road.

"It is important that there is balance and common understanding of whose responsibility it is to maintain and upkeep a national road that cuts across a town, or portions thereof.

"If the position is that the portion that is within a town becomes the responsibility of that municipality, then it be known so that one invests with the right intent," Ngwenya added.