Page 17 - Dainfern Precinct Living Issue 10 2025

THE BIG PICTURE
HOME FRONT

BEHIND THE BOOM: WHAT REALLY system enforcing a 30 km/h limit and issuing misunderstood symbol on our roads. It’s not
RULES INSIDE AN ESTATE? thousands of rands in fines, sometimes to an instruction to stop. It’s an invitation to
homeowners for offences committed by think.
It’s easy to assume that once you’ve passed courier drivers. The debate that followed
security, you’ve stepped into a private world — about consent, accountability, and To “yield” means you must give way to any
where the usual laws no longer apply. Not proportionality — mirrors conversations vehicle already in the circle, or approaching
quite. happening in almost every estate boardroom from your right closely enough that you’d
The National Road Traffic Act defines a public in the country. force it to slow down if you entered.
road as any road “commonly used by the How do you create a culture of safe driving
public or to which the public or any section without crossing into over-policing? Where In real life, that means:
thereof has a right of access.” does community protection end and personal • If someone is already in the circle —
That means if delivery drivers, contractors, autonomy begin? And perhaps most • even halfway around — you wait.
If it’s clear, you keep moving.
or visitors use your estate roads, they likely importantly, who decides — the HOA, the Stopping unnecessarily confuses
qualify as public roads — regardless of municipality, or the courts? other drivers and interrupts the
booms, guards, or “residents only” signage. “Behind the boom doesn’t mean beyond the flow.
If they’re public: law. Drive as though the roads are public — • If you and another car arrive
• The National Road Traffic Act because, legally, many of them are.” together, the one who’s already
applies. THE REAL-LIFE RULES OF YIELDING committed (nose entering) gets
• Speed limits and signage must be The humble yield sign might be the most priority.
authorised by the local authority.
• Only traffic officers — not security —
can issue legally enforceable fines. TOP ESTATE DRIVING
If the roads are truly private (owned and
maintained by the estate, with no public
access), then the HOA’s traffic rules can be 5 MYTHS — BUSTED!
contractually enforced — but only among
residents who’ve agreed to them.
THE MOUNT EDGECOMBE Myth Reality
PRECEDENT AND THE MIDSTREAM “It’s private property — traffic laws If the public has access, the National
MOMENT Road Traffic Act still applies.
In 2019, the Supreme Court of Appeal don’t apply.”
confirmed that the Mount Edgecombe
Country Club Estate’s roads were genuinely “The HOA can fine me for speeding.” Only if the roads are truly private and
private and that its internal traffic rules could you’ve agreed contractually. Otherwise,
be enforced by contract. It was a landmark fines are internal, not statutory.
ruling — but a narrow one. Few estates have
the same degree of control and ownership “Estate roads don’t need official Wrong. If roads are public, signage must
required to replicate that judgment exactly. signage.” be authorised by the municipality.
Yet the ripple effects are now being felt
across the country. Estates everywhere “Learners can practise here — it’s Not necessarily. If the roads are public,
are testing how far internal enforcement private.” unlicensed driving remains illegal.
can go — from number-plate recognition to
automated fines — in the name of safety and “Security can pull me over like police.” They can warn you for safety, but only
order.
authorised officers can enforce traffic
Midstream Estate recently made headlines law.
for introducing an automated speed camera

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