Metro accused of ignoring its own road by-law
A ward councillor has accused the metro of failing to meet the same reinstatement standards expected of private contractors. The criticism follows concerns over unfinished excavations in Constantia Park and Newlands.
The Tshwane municipality is facing criticism over allegedly unfinished road and pavement excavations in parts of Pretoria east, just months after introducing a by-law aimed at tightening control over work conducted in public road reserves.
Ward 83 councillor Andrew Lesch said numerous excavations linked to municipal infrastructure repairs remain incomplete across Constantia Park and Newlands, posing safety risks to residents and road users.
Lesch argued that the metro should be held to the same standards imposed on private contractors under the recently gazetted Work in the Public Road Reserve By-law.
“I just wish the City of Tshwane would apply the by-laws to themselves in the same manner that they want to apply them to private contractors,” said Lesch.
According to him, there are about 40 locations where road surfaces were excavated during water pipe repairs but were never fully reinstated.
“Those excavations are left open and dangerous to the community. The metro is not doing anything,” he said.
Among the sites identified are excavations in Constantia Park at the corner of John Scott and Hugh McKinnell streets, as well as locations near Puccini and Chopin streets.
He also pointed to excavations done on Tucker Avenue, Kenmar Street and De Villebois Mareuil Drive.
Lesch said some of the excavations have remained unattended for extended periods despite repeated complaints and follow-ups.
“There’s one place in Anthony Street, for instance, which has been there for nearly two years now. Despite me escalating and escalating and escalating, they are doing nothing about it,” he said.

The Work in the Public Road Reserve By-law was published in the Provincial Gazette on February 11.
The by-law was introduced to regulate excavations, installations and other work carried out in public road reserves, requiring wayleave approvals and adherence to engineering, safety and reinstatement standards.
At the time, MMC for Roads and Transport Tlangi Mogale said the by-law would improve accountability and reduce infrastructure damage caused by poorly managed excavations.
However, Lesch believes the city is not holding itself to the same standards expected of external contractors.
“If there’s a by-law, that by-law must be applied to each body equally,” he said.
Asked how the city appears to be exempting itself from the requirements, Lesch said he has repeatedly been told that there are no contractors available to complete reinstatement work.
“At the moment, my information is they just don’t have a contractor to fix the roads,” he said.
Responding to questions from Rekord, metro spokesperson Lindela Mashigo confirmed that the metro’s regional maintenance team is attending to outstanding matters in the area through the Water and Sanitation Section in Region 6.

Mashigo said the excavations in question were created during repairs to leaking service pipes.
“The excavations were carried out during repairs on leaking service pipes,” he said.
Regarding allegations that some excavations have remained incomplete for extended periods, Mashigo said restoration work does not always happen immediately.
“Excavations are carried out daily and some excavations can take longer than anticipated to reinstate,” he said.
Mashigo further confirmed that the by-law applies equally to municipal departments and city-appointed contractors.
To ensure compliance, Mashigo said the metro maintains ongoing engagement with relevant departments and contractors.
According to Mashigo, continuous engagements with the relevant departments and contractors ensure full compliance with the said by-law.
The metro also acknowledged the safety risks posed by open excavations.
“All excavations, if not backfilled, pose a safety risk to motorists and pedestrians; however, the city ensures that all open excavations are barricaded as soon as work is completed until reinstatement can take place,” he said.
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