Sandile Local Residents and Others v MEC for the Department of Transport Safety and Liaison and Another

The applicants, residents of the Great Sandile Administrative Area in Ngcobo, Eastern Cape, brought an application against the MEC for Transport Safety and Liaison and the Head of Department. They complained about the severely deteriorated condition of the Sandile main gravel road linking their communities to Ugie and Ngcobo. The road had been neglected for years, was unsafe, impeded access to healthcare, education, work, and basic services, and caused vehicle damage. Despite repeated complaints to councillors and municipalities, no effective remedial action was taken. The respondents acknowledged responsibility for provincial roads but raised budgetary constraints and claimed that road works had commenced. The applicants sought a mandatory interdict compelling repair and restoration of the road.

The respondents were ordered to repair, fix, resurface and restore the Sandile main gravel road within 120 days of the order. The respondents were also ordered to pay the costs of the application jointly and severally.

The case affirms the ability of local communities to enforce constitutional and administrative obligations relating to public infrastructure through mandatory interdicts. It reinforces section 38 of the Constitution by recognising residents’ standing to litigate where state inaction impairs access to basic services. The judgment also clarifies the allocation of responsibility between provincial departments and municipalities for road infrastructure.