23/04/2026
MEMORANDUM
TO: The Municipal Manager Emfuleni Local Municipality
AND TO: The Head of Traffic Department Sedibeng District Municipality Traffic Services
AND TO: The Member of the Executive Council (MEC) for Transport Gauteng Province
FROM: Concerned Residents and Road Users of Emfuleni Municipality (Acting under Lentswe Labatho Izwe Labantu)
DATE: 27 Monday 2026
SUBJECT: FORMAL DEMAND FOR THE IMMEDIATE TEMPORARY SUSPENSION OF TRAFFIC LAW ENFORCEMENT OPERATIONS IN AREAS OF SEVERE ROAD INFRASTRUCTURE FAILURE, PENDING COMPLIANCE WITH CONSTITUTIONAL AND STATUTORY OBLIGATIONS
INTRODUCTION
We, the undersigned residents, motorists, public transport operators, and road users within Emfuleni Local Municipality, hereby issue this formal memorandum in terms of our constitutional rights under the Constitution of the Republic of South Africa, 1996, and applicable legislation governing local government and traffic administration.
This memorandum constitutes a formal demand for urgent intervention in respect of unlawful, unreasonable, and constitutionally inconsistent enforcement of traffic laws in conditions where the road infrastructure is severely degraded, hazardous, and in many areas, effectively unserviceable.
BACKGROUND AND CONTEXT
It is a matter of public record that large parts of Emfuleni Municipality suffer from:
2.1 Severe pothole infestations rendering roads unsafe and in some areas impassable; 2.2 Collapsed road surfaces causing damage to vehicles and endangering human life; 2.3 Inadequate or non-existent road markings and signage; 2.4 Sewage spillages affecting road usability and public health; 2.5 Long-standing failure to implement sustainable road maintenance programmes.
Despite this known and ongoing infrastructure collapse, traffic enforcement operations continue, including the issuing of fines, roadblocks, speed enforcement, and vehicle stop-and-search operations, often in areas where safe road conditions are not objectively present.
CONSTITUTIONAL AND LEGAL BASIS
This memorandum is grounded in the following constitutional and statutory provisions:
3.1 Section 152 of the Constitution – obliges municipalities to provide sustainable services and promote a safe and healthy environment;
3.2 Section 24 of the Constitution – guarantees the right to an environment not harmful to health and well-being;
3.3 Section 33 of the Constitution – guarantees the right to lawful, reasonable and procedurally fair administrative action;
3.4 The Promotion of Administrative Justice Act 3 of 2000 (PAJA) – prohibits arbitrary, unreasonable and procedurally unfair administrative decisions, including enforcement actions;
3.5 The National Road Traffic Act 93 of 1996 – requires that enforcement of traffic laws be lawful, rational and applied in conditions that permit fair compliance;
3.6 The principle of legality under the rule of law – requiring all state conduct to be rational, consistent, and non-arbitrary.
CORE CONSTITUTIONAL COMPLAINT
We submit that the continued enforcement of traffic laws in areas where the State has failed to maintain basic road infrastructure constitutes:
4.1 Administrative irrationality; 4.2 Procedural unfairness to road users who are unable to comply with safe driving standards due to road conditions; 4.3 A violation of the constitutional duty of municipalities to ensure safe and functional public infrastructure; 4.4 A disproportionate shifting of liability from the State to ordinary citizens; 4.5 A potential abuse of enforcement authority in circumstances where compliance is materially impeded by State failure.
DEMANDS
In light of the above, we hereby formally demand the following:
5.1 The immediate temporary suspension of all traffic law enforcement operations in identified high-risk and severely degraded road zones within Emfuleni Municipality;
5.2 The immediate cessation of speed enforcement, roadblocks, and fine issuance in areas where road infrastructure does not meet minimum safety and maintenance standards;
5.3 The publication, within 14 (fourteen) days, of a detailed road rehabilitation and maintenance plan with clear timelines;
5.4 The establishment of a joint oversight committee comprising municipal officials, community representatives, and relevant stakeholders to monitor road repairs and infrastructure recovery;
5.5 A full review of all traffic enforcement operations in Emfuleni to ensure compliance with constitutional and administrative justice requirements.
NOTICE OF CONSEQUENCES OF NON-COMPLIANCE
Should the above demands not be addressed within a reasonable period, the community hereby reserves its full legal rights to:
6.1 Institute urgent proceedings in the High Court of South Africa for a structural interdict compelling road repairs and regulating enforcement operations;
6.2 Launch judicial review proceedings under PAJA to set aside unlawful fines and enforcement actions;
6.3 Seek declaratory relief confirming constitutional violations by the responsible authorities;
6.4 Escalate the matter to the South African Human Rights Commission and relevant oversight bodies;
6.5 Pursue any other lawful remedy available in terms of the Constitution and applicable legislation.
CONCLUSION
This memorandum is issued in good faith, in pursuit of constitutional accountability, public safety, and restoration of functional infrastructure governance within Emfuleni Municipality.
We emphasize that the objective is not confrontation, but urgent corrective action to restore dignity, safety, and lawful administration in public service delivery.
SIGNED ON BEHALF OF:
Concerned Residents and Road Users of Emfuleni Municipality (Acting under Lentswe Labatho Izwe Labantu)
