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You can be arrested for fixing potholes in South Africa

Potholes are one of the most common problems motorists encounter in South Africa, but you can face serious repercussions for attempting to fix one without proper authorization.

In Gauteng, municipal services are struggling to keep up with the spread of new potholes, leading to interventions from the private sector to repair the region’s road network.

While the Johannesburg Roads Agency (JRA) welcomed this growing support from the private sector, it warned businesses and private residents that they are not allowed to conduct unauthorized repairs.

The JRA stated that it has partnerships and collaborations with entities like the Traffic Signal Backup Power programme and Discovery-Avis Pothole Patrol, which are helping to improve Joburg’s road infrastructure.

It then warned that potholes that are fixed without approval violate city regulations, and businesses and individuals who take matters into their own hands can face a number of consequences, including arrest.

“The JRA stressed that filling potholes without written approval and a valid wayleave constitutes a breach of the City’s Code of Practice and relevant bylaws,” according to the City of Johannesburg.

“Offenders risk fines, confiscation of equipment, and possible arrest by the Johannesburg Metropolitan Police Department.”

JRA CEO Zweli Nyathi said that the agency appreciates active citizenship but that road repairs require technical expertise and strict compliance with safety standards.

“Using incorrect materials such as sand or bricks can create loose debris, crack windscreens, and endanger motorists and cyclists,” he said.

“It also exposes the JRA to public liability claims for work not undertaken by our teams.”

Nyathi explained that amateur repair jobs allow water to seep into the road foundation, causing it to crack and, in severe cases, complete structural failure, resulting in much more costly repairs.

He added that illegal pothole mending efforts can pose risks to underground infrastructure such as water pipes, fibre-optic cables, electricity connections, and gas lines.

The JRA urged residents and companies that wish to help with road maintenance to follow due procedure by applying for a wayleave through its official website or by partnering with it.

“We remain committed to safe, liveable roads. The most effective way to help is to report defects through our formal channels so our professional teams can respond decisively,” said Nyathi.

Not the first time residents have been warned

This is not the first time the JRA has warned against residents conducting their own pothole repairs.

In 2023, the agency’s acting CEO at the time, Louis Nel, said that private motorists who fix potholes are breaking the law.

“We see this quite often, where people want to fix potholes themselves. As much as we want to appreciate them for doing that, there is a bylaw that prevents people from doing so,” he said.

“We’ve got certain standards that we work to at the JRA. So, there is a certain way that we repair these potholes so that they do not recur.”

Back then, the JRA said it was looking to collaborate with small and medium-sized enterprises to address road infrastructure issues around the metro.

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