Truck war not over in the greater Lydenburg area, despite high court ruling
Over the past few weeks, heavy chrome ore carriers have been venturing through town on the municipal and central business district streets again.
The truck companies’ drivers were forced
to use alternative routes after a court battle
and a ruling from the Mpumalanga High Court. They are not allowed to access the Long Tom Pass (R36) either.
According to the ruling, the Thaba Chweu Local Municipality (TCLM) has to enforce municipal by-laws to prohibit heavy trucks with weights in excess of 10 tonnes from driving on municipal roads.
TCLM has reissued a warning against truck operators who violate the court order and the applicable laws.
“There are laws in place and we appeal to the truck operation to adhere to the requirements of the National Road Traffic Act 93 of 1996, Regulation 76 (1)(2)(3)(4)(5), informing of the compliance to SANS code of practise as depicted in the Standards Act 29 of 1993.
“Operators and consignees are urged to comply with the provisions of the act to avoid consequences of transgression.
Copies of the by-laws formally promulgated in the Provincial Gazette 56 of 2019 and Government Gazette 3031 dated April 5, 2019, respectively, can be obtained by visiting various website sources. Copies of these can be obtained from the South African Bureau of Standards. In an event where the Thaba Chweu Local Municipality by-laws or National Road Traffic Act 93 of 1996, the Standards Act 29 of 1993 and the Hazardous Substances Act 15 of 1973 read in conjunction with the Mbombela High Court Judgment 1092/2020 are contravened.
“TCLM will have no alternative but to enforce the aspects and applications of the by-laws,” said Themba Sibiya, TCLM’s In previous articles published in Steelburger/Lydenburg News, TCLM’s executive mayor, Friddah Nkadimeng, said truck drivers who do not comply with the rerouting by-laws will be impounded and receive a hefty fine.
She said it would take a few years to repair the damage the trucks had caused to the municipality’s roads. She said it became
evident over time that trucks damage the road infrastructure and the companies do not assist in repairing it. TCLM decided to reroute the ore-carrying vehicles to avoid continuous and serious damage to the roads in 2019.
Part of the complaint to the high court stated: “Truck companies are refusing to comply with the alternative routes, stating that it will affect them financially. They are damaging the roads and making money while the municipality is suffering. The drivers also ignore the road signs and the Long Tom Pass cannot continue toaccommodate heavy trucks.
“The municipality has fixed the roads continuously and the very same trucks are damaging them. The municipality does not have the resources to constantly fix them. The trucks are also damaging pipes, storm water drainage systems and pavements, as drivers stop wherever and whenever they want.”
