Residing in a homestead next to an incomplete road has proven to be horrendous for a family that is forced to watch murky water overflow from the road and flood their building structures. Owing to the heavy rainwater held by an unshaped trench that was excavated by the Eastern Cape Department of Transport and later neglected.
Before the commencement of the Elliotdale to Madwaleni road started in 2011, the Majavu family located in Ncihana village, in Elliotdale, used to enjoy peaceful, undisturbed use of their property and land where they own rights. During rainy seasons, water overflows from the substandard tar road built over ten years, and floods the property.
The substandard tar road surface level is higher than the temporary road which was built by the Department of Transport closer to the fence of the homestead for easy mobility while the tar road was under construction. This resulted in more harm than good as the water from the newly constructed tar road flowed to the homestead instead of a stream compared to the old tar road, which had a low surface.
While the construction progressed, Monde Majavu- an attorney who lives in the homestead raised the issue with the engineers on site, he asked them to relay the complaint to the department, however, this was futile as no redress followed. He subsequently issued a letter of demand to the department in October 2021 after his pleas fell on deaf ears.
In a bid to force the department to build a stormwater drainage system that diverts the water away from his property, Majavu sought an order from the Mthatha High Court to compel the department to build the stormwater drainage. On the 28th of June 2022, the court ordered the department to build the stormwater drainage within 20 days of receipt of the order. In an attempt to comply with the court order, the department dug an unshaped dangerous trench in July.
“I noticed that the newly constructed road has no storm drainage to divert water from my property, the construction of the road with a higher surface level is preventing the water from flowing to the stream, and as a result, water runs into my property. It has become dangerous to live in such structures as some have started to show cracks in the lower parts of the walls and livestock kraals remain soaked in water,” he said.
Majavu further argued in the court papers that the seepage of the water beneath the dwelling of the structures causes dampness under the walls, a smell of dampness, and a swarm of mosquitos which are a nuisance.
Department fails to comply with its undertaking
Upon failure of the department to abide by the order and build the stormwater drainage, Majavu filed an application of contempt against the department in July 2023. This, in turn, compelled the department to sign an undertaking wherein they envisioned the completion of the stormwater drainage to be at month end of March, this year. However, this deadline was still not met, which led Majavu to escalate the matter to court again where the department was granted a last chance to complete the stormwater drainage April 30.
Meanwhile, Eastern Cape Department of Transport spokesperson, Unathi Binqose told Elliotdale Scoop that the section responsible for road infrastructure in the department is aware of the issue.
“They are busy working there and there is a contractor stationed there as per the court instruction,” Binqose said.
While construction efforts to build stormwater drainage are gradually becoming visible as a few slabs of concrete have been cemented next to the creche closer to the homestead, Majavu is still dissatisfied.
The family is also doubtful that the department will be able to meet the deadline, as there seems to be no ongoing activity as only a few slabs including a heap of sand and crushed stones were left there, which Majavu deems to be unresponsive and uncaring of government.
“The flooding and dampness of the structures cause a health risk to those who live under the roofs. The children are the most affected as they develop a rash because of mosquito bites. I also live with my aunt who is over 80 years old and the dampness and swelling cause her to have asthma and sinus,” Majavu said.
“They are moving at a snail’s pace, you can see that they are not willing to build the stormwater drainage to divert from overflowing into the Majavu family property to a stream. They are only resuming the work because I took further action and escalated the matter,” he said.
The trench also poses a threat to the children walking beside the road since they can slip and fall.
