With one in 10 South Africans now living in an estate or\u00a0gated community, it should come as no surprise that an increasing number of issues have arisen as to what road rules apply.<\/p>\n
At the end of November 2017, a landmark decision<\/a> <\/strong>found that\u00a0speed trapping in an estate was unlawful unless the estate had\u00a0been granted permission by the Minister of Transport, the MEC, or a person who is delegated such powers by the Minister or the MEC.<\/p>\n “Previously, associations have felt comfortable enacting what may appear to be fairly oppressive rules and regulations, and justifying their existence on the basis that by moving into and residing within such a community run by such an association, that the resident consents thereto,” explained Cliffe Dekker Hofmeyr’s\u00a0Lucinde Rhoodie.<\/p>\n “Now however, at least with respect to the use of public roads and the policing thereof within the community, the MEC\u2019s authorisation will encourage the enactment of rules and regulations which are in line with general public policy as any rules found to be too suffocating would of course not be authorised,” she said.<\/p>\n She advised that management associations should, therefore, confirm that they have obtained the requisite consents from the relevant MEC to ensure that the rules are enforceable upon their estate.<\/p>\n “For residents, it may be worthwhile raising a query with their respective management association as to whether or not they have received the aforesaid consents.<\/p>\n “To the extent that they have not, the rules as they stand, insofar as they relate to the roads in the estate, are unenforceable if challenged legally. There is nothing to prevent residents from complying with the rules willingly, however, this does not affect the legality of the rules,” she said.<\/p>\n