Court ruling on roads

A FEW aspects of the article “Historic agreement will see roads fixed” (DD May 18) need correcting. Here are the steps that culminated in the Supreme Court of Appeal (SCA) ruling in Bloemfontein.

● Agri EC took the department of roads and public works to the Grahamstown High Court (GHC) seeking an order compelling it to repair and maintain farm roads within the Makana and Sarah Baartman regions;

● The court granted that order;

● The department’s application for leave to appeal was granted by the GHC;

● The appeal was heard by the SCA on May 16;

● Agri EC and the transport department prepared a draft order, prior to the hearing, in an attempt to settle the matter out of court, which was presented to the SCA;

● The SCA upheld the appeal of the public works department, meaning that the judgment and order of the GHC was set aside;

● The draft order prepared by Agri EC and the transport department was not made an order of the SCA. However, the parties were encouraged to meet and discuss ways of cooperating on the repair and maintenance programme; and

● The parties are free to enter into an agreement regarding road maintenance.

Thus the agreement between the transport department and Agri EC has no legal effect. It is the SCA’s court order that is binding. — Vuyokazi Mbanjwa, spokesperson for public works