Welcome to Living and Investing with Jonathan. I recently had the pleasure of speaking with Gary Duke from Suburban Solutions about road closures or, more correctly, access restrictions and the role they play in community safety, neighbourhood cohesion and property appeal.
Gary is a litigation attorney who has been involved in road closure applications since the early 2000s. Through his legal practice and Suburban Solutions, he assists communities with the legal, practical and administrative process of applying for access restrictions in Gauteng, particularly within the City of Johannesburg.
Our discussion unpacked what road closures really are, how the application process works, the legal rights involved, the costs residents should expect and why active community participation is essential for success.
Understanding Road Closures and Access Restrictions
Question - Jonathan BroekmanGary, let’s start with the basics. When people refer to a “road closure”, what does that actually mean?
Answer - Gary DukeThe correct legal term is actually an access restriction, not a road closure. The reason for that distinction is important. Residents are not allowed to completely close public roads or deny people access. What they are allowed to do, in certain circumstances, is restrict access into an area for safety and security purposes.
In practice, that may mean reducing several entry points into a suburb to one monitored entrance. The road remains public but access is controlled and observed.
Question - Jonathan BroekmanDoes this legislation apply nationally?
Answer - Gary DukeNo, this legislation currently applies in Gauteng. We have tried to assist with similar processes in other provinces but it is generally more difficult outside Gauteng. In Gauteng, there is a proper legislative framework that allows communities to apply for these restrictions.
Why Communities Consider Road Closures
Question - Jonathan BroekmanWhy would a community choose to go through the process of applying for an access restriction?
Answer - Gary DukeGenerally, the reason is crime. Often, something serious happens in a suburb and residents realise they need to do something practical to improve safety. That becomes the trigger for people to get together, discuss options and look at road closures as a community-based security solution.
The important point is that access restrictions do not deny people entry. They simply monitor and manage access in a way that makes the area less attractive to criminals.
Question - Jonathan BroekmanDoes that apply to both vehicle and pedestrian traffic?
Answer - Gary DukeYes but again, restriction does not mean refusal. People still have the right to enter public roads. The security benefit comes from the fact that movement is being observed. Criminals generally do not want to be seen entering an area, particularly where cameras, guards or monitoring systems are in place.
Protection of Personal Information Act (POPIA), Cameras and Privacy Concerns
Question - Jonathan BroekmanThere has been a lot of discussion around POPIA, privacy and the scanning of driver’s licences or licence plates. How does that affect road closures?
Answer - Gary DukeIt is a very sensitive issue. We need to balance several rights, including the right to freedom of movement, the right to safety and security and the right to privacy. In a private estate, such as Dainfern, different rules apply because it is private property.
On a public road, however, you cannot simply stop people and demand that they provide personal information before allowing them through. The City is cautious about technology such as licence plate scanning, particularly where it may infringe on privacy or movement rights.
That does not mean access restrictions cannot work. It simply means they need to operate lawfully and with the correct balance between safety and constitutional rights.
The Application Process
Question - Jonathan BroekmanWalk us through the process of getting an access restriction approved.
Answer - Gary DukeThe process is governed by legislation called the Rationalisation of Local Government Affairs Act. In simple terms, the community submits an application to the City. The City then considers the application, calls the applicants to a meeting, discusses the details and eventually provides a decision.
If the decision is favourable, the residents then advertise the approval and can begin putting the required structures in place.
Question - Jonathan BroekmanWhat are the key things the City looks at before approving an application?
Answer - Gary DukeThere are two major considerations. First, you need the support of at least two-thirds of the people living or working within the proposed closure area. Second, you need to show that the access restriction will not cause traffic chaos.
For example, you would not be allowed to close off a major arterial road. The City needs to know that the plan is practical, lawful and supported by the community.
The Three Phases of a Road Closure
Question - Jonathan BroekmanOnce approval is granted, what happens next?
Answer - Gary DukeThere are three distinct phases.
The first phase is the application process itself. The second phase is putting up the physical structures, such as booms, gates, signage or monitoring points. The third phase is the ongoing management of the closure.
That third phase is very important. Someone has to pay the security company, ensure the closure is managed properly, maintain insurance and keep the entire system compliant.
Question - Jonathan BroekmanWhat sort of costs should residents expect?
Answer - Gary DukeThe application process is generally around R100,000. The cost of the structures depends entirely on what the residents want. Some suburbs choose very high-end infrastructure, while others opt for more affordable solutions.
The ongoing monthly cost also varies. Smaller road closures may cost residents around R400 per household per month, provided enough people contribute. More sophisticated closures can cost up to R2,500 per household per month. Most are closer to the lower end but it depends on the area, the infrastructure and the level of security required.
Renewals and Long-Term Compliance
Question - Jonathan BroekmanOnce the access restriction is approved, does it need to be renewed?
Answer - Gary DukeYes. The first approval is generally for two years. If the residents comply with all the rules, the next approval may be granted for four years. After that, provided the regulations have been followed, a six-year approval may be granted.
So, it does become easier over time but only if the community manages the closure correctly and remains compliant.
Public Roads Versus Private Estates
Question - Jonathan BroekmanWhat is the difference between access control in a public suburb and access control in a private estate?
Answer - Gary DukeThat difference is crucial. In a private estate, the roads are private and the estate can apply its own access rules. In a public suburb, the roads remain public. The City may allow residents to restrict access for safety reasons but they may not deny lawful access to members of the public.
That means you can monitor, observe and reduce the number of entrances but you still need to let people through. The purpose is not to exclude people. The purpose is to improve safety.
Balancing Safety and Freedom of Movement
Question - Jonathan BroekmanThere are also constitutional considerations involved. How do those influence the process?
Answer - Gary DukeSouth Africa is a constitutional democracy, so rights matter. On one hand, residents have a right to safety and security. On the other hand, people also have a right to freedom of movement.
Because of South Africa’s history, access to public areas is a sensitive issue. The City has to balance those rights carefully. The aim is to allow communities to protect themselves without creating unlawful exclusion or reintroducing unfair restrictions.
It is not always an easy balance but it is possible to get it right.
Court Cases and Delays
Question - Jonathan BroekmanI see you have been involved in several court cases relating to road closures. What types of matters usually end up in court?
Answer - Gary DukeMost of the court cases have involved situations where the City has either refused an application that should not have been refused or delayed making a decision for too long.
In many cases, residents are dealing with ongoing crime while waiting for approval. In those situations, we may ask the court to allow temporary protection while the City completes its process.
We have been successful in those matters but we are careful about the cases we take on. We choose matters where the residents’ rights are being unfairly affected.
Do Road Closures Reduce Crime?
Question - Jonathan BroekmanDo access restrictions actually work when it comes to reducing crime?
Answer - Gary DukeYes, absolutely, provided they are properly managed. One of the things we need to show in an application is that road closures are effective. We look at crime statistics before and after the closure and the results are usually very revealing.
You still need a competent security company and proper management. A badly run road closure will not deliver the same results but where residents are committed and the system is managed correctly, crime does come down significantly.
Question - Jonathan BroekmanAre residents able to collect the necessary crime data?
Answer - Gary DukeYes. We use police statistics and also ask residents to report the crimes they have experienced. That gives us a fuller picture. When you compare the wider area to the enclosed area, you can often see a clear reduction in crime within the closure.
The Role of Residents’ Associations
Question - Jonathan BroekmanWe work with many residents’ associations that are involved in improving their neighbourhoods, from repainting lines to fixing potholes. How important is an active residents’ association in this process?
Answer - Gary DukeIt makes all the difference in the world. In my experience, road closures only work when they are driven by a committed community.
One individual cannot successfully run a road closure on their own. It needs to be a community initiative. The wonderful thing is that the process often brings residents together. People start by focusing on security but then they begin looking at parks, pavements, potholes and the general condition of the neighbourhood.
Contrary to the idea that road closures are divisive, I have often seen them bring communities closer together.
Getting Started
Question - Jonathan BroekmanWhat is usually the first step for a community that wants to explore this?
Answer - Gary DukeThere is usually a trigger, often a serious crime incident. Residents then start looking for solutions and eventually approach someone like us.
The first practical step is to get residents together. We address the community, explain what can be done, outline the process and discuss the costs. Once there is enough support and enthusiasm, we can begin preparing the application.
Question - Jonathan BroekmanWhat happens if some neighbours are not in favour?
Answer - Gary DukeThe legislation requires two-thirds support from people living or working in the area. In theory, one-third may oppose it and the application can still proceed.
The challenge is usually financial. These systems cost money, so you need enough residents contributing to keep the monthly costs affordable. In our experience, most communities end up with around 70% support, although there will always be some people who benefit without contributing.
Small and Large Road Closure Projects
Question - Jonathan BroekmanWhat is the smallest road closure you have worked on and what is the largest?
Answer - Gary DukeThe smallest was probably around five houses. The largest projects can involve much bigger areas. We are currently involved in finalising a road closure in Melville, which includes around 1,700 houses.
In Johannesburg, the average road closure is probably around 60 houses. That size often works well because it is large enough to be affordable but still small enough to manage effectively.
Property Values and Buyer Appeal
Question - Jonathan BroekmanFrom a property perspective, I imagine homeowners are very interested in whether road closures can influence property values.
Answer - Gary DukeYes and our experience is that they can. In one example, after a road closure was put in place and residents began improving a nearby park, homes in the enclosed area started selling more quickly. At first, prices may remain similar but as demand grows and buyers recognise the benefits, property prices can improve.
In Johannesburg, many buyers prefer to live in a secure, access-restricted area because of the sense of community, safer environment for children and potential insurance benefits.
Question - Jonathan BroekmanHow quickly can residents begin to see that impact?
Answer - Gary DukeOften quite quickly after the structures go up. People begin to feel the difference, the community becomes more active and buyers can see that the area is being properly managed. They are not just buying a house. They are buying into a community.
The Future of Road Closures and Technology
Question - Jonathan BroekmanLooking ahead, do you think road closure legislation will become more difficult or are access restrictions here to stay?
Answer - Gary DukeUnless crime goes away, road closures are here to stay. Ideally, we would not need them but at this stage they remain an effective tool.
What we would like to see is the City becoming more open to technology. There has already been some progress, particularly since 2018 when automation started to become more accepted. This allows smaller communities to use push-button systems and off-site camera monitoring instead of relying only on guards on the ground.
Technology can reduce costs and improve efficiency but it still needs to be used lawfully and responsibly.
Final Words from Gary and Jonathan
Jonathan Broekman:Gary, this has been incredibly insightful and informative. Thank you for helping us understand what road closures really are, how the process works and why community involvement is so important.
Gary Duke:Thank you for your time. It has been a pleasure. I look forward to hearing from residents and communities who want to better understand what can be done and how to approach the process correctly.
Access restrictions are not simply about putting up booms or gates. When done correctly, they are about safety, lawful management and building stronger communities. For homeowners and buyers alike, a well-managed neighbourhood can offer not only greater peace of mind but also a stronger sense of belonging.
If you are part of a residents’ association or community group exploring access restrictions, it is important to work with experienced professionals who understand the legal, practical and compliance requirements involved.
Full Interview You Tube: https://youtu.be/QJHlL6ZBj-w?si=Z1RdUV5Qv55V_hy1
The information provided in this article is intended for general informational purposes only. While we strive to ensure that all details are accurate and up to date, we cannot guarantee specific outcomes or results. Please note that individual circumstances may vary and we recommend seeking professional advice when needed. Our goal is simply to offer helpful insights and ideas to support your journey but decisions should always be made based on your own needs and preferences.
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