New by-law for digging up of roads in eThekwini

The eThekwini Municipality plans to introduce a new by-law, aimed at fibre companies, to regulate the digging up of public roads.

The municipality’s wayleaves and excavation by-law 2022 was presented to the eThekwini executive committee (Exco) last week for noting.

According to the Exco report, this by-law aims to regulate all works to be executed in any public road reserve and municipal servitudes, to formulate wayleave procedures between homeowners and companies, and to provide for the regulation of protected precincts, matters relating to costs, as well as existing and planned services.

The by-law will also provide avenues for communities to report contractors who do not abide by it, who will then be penalised.

“With the current wayleave process implemented by the engineering unit not being legislated, it was obligatory to develop legislation to regulate works to be executed,” the report reads.READ MOREMunicipal manager candidate’s past questioned

Over the past three years, fibre companies in eThekwini have undergone massive expansion in their network of underground cables.

Residents in affected areas have complained of roads being dug up and left in this state for days or not being returned to their previous condition.

There have also been incidents of fibre contractors hitting underground water pipes while digging and leaving large areas without water.

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Nkosenhle Madlala, ANC Exco member, said: “eThekwini has become a free for all for anyone who wants to dig up a street and put up fibre cables and other things we might not know about. A by-law would regulate that and ensure there is an application to the municipality and companies would be monitored so if a company does not leave the place as it was before — accessible and clean — this can be taken up using the by-law,” he said.

Madlala said the municipality bore the brunt of the anger from community members as they expected the digging up of roads to be better regulated.

As with all new by-laws, it will now be undergoing a 30-day public participation process in all eThekwini wards where residents can indicate if they support it or are against it.

After that process, any amendments will need to be voted on by council before it is passed into law.

All political parties were unanimous in their support for the by-law.