Agri East Cape is celebrating victory over the Eastern Cape Department of Roads and Public Works following a ruling in its favour in the Grahamstown High Court on Tuesday.
President, Doug Stern, said they're proud that finality had been achieved on the issue of the repair and maintenance of gravel roads in the Province.
Stern said that Judge Judith Roberson had ordered that "within 90 days of the order contractors be identified for repair of the roads identified in Annexure A of the Order and that within six months Integrated Routine Maintenance Contracts for all other roads be finalised.
He said the judge also ordered that "where the Department is not providing proper in-house repair and maintenance services, the Department shall finalise service level agreements with municipalities, or contractors within 6 months of the date of the Order."
According to the court order the Department of Roads and Public Works has to provide, within 90 days, full details of roads to be resealed and rehabilitated and that such work should commence within six months of the date of order.
Stern said another important aspect of the judgment was that it set out a detailed procedure to enable farmers who are members of Agri East Cape "to notify the Department, to obtain quotes for repairs, authorise the work, pay the contractors, and obtain refunds from the Department."
He said each stage of this process has been circumscribed to allow for interventions by the Department, and ultimately the work must meet with their approval.
"A procedure has been put into place to allow a dispute to be referred to the Chairman of the Civil Engineers Association for the district in question for a decision. Such a decision may be reviewed by a Senior Advocate of not less than five years standing and that such decision would be final," Stern added.
He said that there is a similar procedure set out where repairs can be carried out by individual farmers, at the expense of the Department, in the event of an emergency.
Stern said the Department had also been ordered to pay the cost of the application and that the Department was obliged to "file a progress report to the Court on its compliance with this Order on or before 30 May 2017."
