Restricting access to roads and public spaces without municipal permission is a crime, and offenders must pay the costs of removal.

The City of Ekurhuleni reminds residents wishing to restrict access to, or erect gates on, public roads or facilities to first seek municipal approval before doing so.

Common methods of controlling access to public spaces and roads include street closures, fences, booms, guards, and visitor logbooks.

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These restrictions, provided for by the city’s by-laws, must not deny access, discriminate, or infringe on individuals’ rights. Free access to government officials and emergency services should also remain unaffected.

The purpose of restricting access is to enhance safety and security within a particular area.

This must be weighed against the rights of those who would object to the intended restriction, by giving due consideration to the nature and extent of the restriction and whether other, less restrictive methods of enhancing security have not worked.

The City of Ekurhuleni spokesperson, Zweli Dlamini, said the applicant for restriction must therefore indicate in the application what other security measures have been implemented and why these measures have not been successful.

“Examples of security measures that should be used before considering restriction of access are neighbourhood watch, security guards on foot/bicycle patrol, security personnel in patrol vehicles, closed-circuit television, various kinds of security fencing, private security response,” said Dlamini.

“The general duration that restrictions are valid for is not longer than two years. An extension may be applied for,” said Dlamini.

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The city will consider the approval, continuation and/or extension of imposing restrictions on access to any public place on its own initiative, or authorising any person, body or organisation to restrict access to any public place where requirements are met, including:
• mandatory liaison with the local SAPS for crime statistics
• notification of the affected parties
• consideration of comments and objections
The city may dismantle or remove illegal restrictions of access to public spaces and recover the costs of removal from those responsible for the illegal restriction.