Truck war rages on as High Court ruling is ignored

LYDENBURG – Residents are taking photos of long-haul trucks that have been prohibited by a court order from driving through town.
The truck companies’ drivers were forced to use alternative routes after a court battle last year. This Mpumalanga High Court ruling enforced municipal by-laws to prohibit heavy trucks with a weight in excess of 10 tons from driving on the municipal road (Steelburger/Lydenburg News, June 4, 2020).
At the time, the executive mayor of Thaba Chweu Local Municipality (TCLM), Friddah Nkadimeng, said trucks that do not comply with the rerouting by-laws will be impounded and receive a hefty fine. It will take a few years to repair the damage the trucks have caused to the municipality’s roads.
It has become evident over time the 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 to accommodate 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 the roads. The trucks are also damaging pipes, storm water drainage system and pavements, as drivers stop wherever and whenever
they want.”

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TCLM continued to state that a forum had been established to deal with the diversion of the trucks. In section 56, the law clearly sets out which vehicles will be restricted on account of dimensions.
Subject to the height clearance of any sign, subway or bridge (as in Voortrekker Street), no person shall operate or move on any street any combination of vehicles in excess of the dimensions prescribed in section 56. After the legal battle and enforcement of the by-laws, the truck companies complied for a short time.
“The truck companies do not want to comply and have opted to take the municipality to court. They argue that a negative financial impact will be incurred should their trucks not be allowed to use certain town roads for freight carrying. Unfortunately, the municipality incurs thousands of rand worth of damage to its roads, which is not being considered,” said Themba Sibiya, spokesperson of TCLM before the High Court case last year.
It is eight months later, and the question now is how the traffic department and TCLM will enforce the High Court’s ruling.

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