Private estates brought to book

Speed trapping and restricting domestic staff’s movements within gated estates are considered unlawful – this according to a Pietermaritzburg High Court judgement last week.

The ruling comes after property mogul Niemesh Singh challenged policies at the Mount Edgecombe Country Club Estate that firstly saw motorists fined for driving over a speed limit of 40 km/h and secondly, restricted access and movement of domestic staff.

The estate penalised homeowners whose domestic workers walked along the roads at certain times as the rules stated that domestic staff were only allowed to walk to designated bus stops between 8 am to 6 pm and would be transported to and from the estate gates by a bus service.

These rules were regarded as security measures.

However, in a three-year-long court battle that may very well affect the existing policies at many gated estates, Singh argued that any person appointed by estates to enforce traffics laws were “impersonating or creating the impression that they are traffic or peace officers” – which is an offence.

Also read: Dolphin Coast estates increasingly pet unfriendly

He also argued that restricting workers’ movements was a violation of their right to freedom, equality and human dignity.

The high court judgement in favour of Singh may put a spanner in the works of many estate policies, since it brought to light that most roads within estates are, in fact, regarded as public roads according to national traffic laws.

The act states the public roads mean any road, street or place which is commonly used by the public.

This definition of “public” is not related to the ownership or maintenance of the road but the common use or right of use by the public of the road.

In which case, it is only the transport minister or someone authorised by him who can prescribe signs, signals, markings or other devices for the purpose of prohibiting, relating or controlling traffic.

Only a traffic officer is allowed to enforce traffic laws and penalties.

The court also decided that rules restricting domestic workers’ access and movements within the estate were unreasonable and a position that was carried out during the apartheid era. Most estates on the Dolphin Coast are known to carry out some of these policies.

The popular Zimbali Coastal Estate has a current 25-kilometres per hour policy enforced by internal security officers. A woman from Umdloti, who asked to not be named, was fined R200 for driving 10 kilometres over the speed limit while attending an event at Zimbali Estate earlier this year.

“I was driving downhill and I was about two kilometres before the exit gate.

“I was told that if I did not have cash, I would have to leave my license behind and drive to an ATM where I could draw out the money.”

Similar to Mount Edgecombe Country Club Estate, Zimbali controls the movement of domestic staff. Their rules state that they have an appointed shuttle service in order to transport domestic staff to and from their place of employment.

“This service ensures that domestics do not have to transverse the estate when either entering or departing the estate.”

The estate has declined to comment on the matter. Also in Ballito, Simbithi Eco-Estate enforces a speed limit of 40 km an hour.

The rules of the association also state that if not accommodated on the estate, domestic employees are allowed to be on the estate between 6 am and 6 pm daily.

The estate general manager Malcolm Samuel said non-conformance to the estate speed limit is managed through engagement with residents.

“Simbithi Eco-Estate manages speed through active and passive measures, including speed checks that draw visibility to the driver’s speed and passive measures through speed humps. Further, Simbithi Eco-Estate Home Owners Association has and will continue to embrace a partnership with staff on our estate. We do not restrict the movement of our residents’ staff.”

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