The City of Johannesburg has won another significant court case, this time against a resident of an affluent northern suburb who last paid her municipal bill almost two years ago.
Acting Judge J Beyers of the Johannesburg High Court dismissed the case brought by the Kyalami Estates resident against the City of Johannesburg and Johannesburg Water with costs on 4 September 2024.
The resident had approached the court on an urgent basis, alleging that she had a constitutional right to access sufficient water after the City and Johannesburg Water disconnected her water supply and subsequently removed the water meter linked to the property due to her prolonged failure to settle her municipal bill.
The resident sought to have the court declare the disconnection of water and removal of her water meter “wrongful and unlawful and in violation of her basic constitutional rights to have access to water”. She wanted the court to order both the City and Johannesburg Water to install a new water meter and restore her water supply within 24 hours. Although the resident did not dispute owing the City for municipal services, she did, however, dispute the amount she owed.
The City and Johannesburg Water opposed the application, arguing that the resident was a “chronic defaulter” and that the last time she had made a payment towards her municipal account was on 21 October 2022.
In court papers, the City and Johannesburg Water argued that: “As at 11 July 2024, the Applicant [resident] was indebted to the City in the sum of R200 328.33”, and that the resident had failed to prove urgency in bringing the matter to court. The City successfully argued that it had sent several pre-termination notices to the resident, which were ignored.
Delivering the judgment, Judge Beyers stated: “The Respondents [City of Johannesburg and Johannesburg Water] have given the Applicant [Resident] a number of pre-termination notices, including, at least, notices on 8 August and 8 November 2023, respectively. These are all dated in excess of a period of 14 days prior to the alleged discontinuation date of 2 July 2024…The Respondents were within their rights to enforce the legislatively sanctioned credit control measures, which included the right to discontinue the water supply to the Applicant’s [resident] property and to remove the water meter.”
In August last year, the City won another landmark court victory against a block of residential flats in Hillbrow in a decade-long court battle over non-payment of services and illegal electricity connections. The massive residential property, with approximately 208 tenants, had dragged the City to court for over 10 years to evade paying for electricity consumed. The court ruled in favour of the City and severely criticised the theft of electricity by the property owners.
The City’s Group Chief Financial Officer, Tebogo Moraka, says the City welcomes the latest favourable judgement but is concerned about a growing trend among property owners who are quick to run to the courts in a bid to avoid paying for municipal services.
“We are pleased that the courts are starting to agree with us that property owners cannot run away from their responsibilities of paying what is due to the City as far as municipal services are concerned. We hope this will send a clearer and stronger message that a dispute with the City does not warrant the withholding of payment towards municipal services,” says Moraka.
Customers are discouraged from abusing section 102 of the Municipal Systems Act 32 of 2000 by raising queries in general terms to avoid or delay payments. Justice Beyers found that the “resident’s dispute does not relate to any amount or amounts or any specific item or items; instead, the dispute has been raised in general terms”. Section 102 (2) demands that the dispute must be specific.
The City is working hard to reduce its debts by collecting all the money owed to it. The collection drives will help the City conduct the necessary maintenance for its infrastructure to function effectively. The City urges customers to continue paying outstanding debts so that it can improve its service delivery.
Customers who wish to make payment arrangements and do not wish to visit any of the abovementioned walk-in-centres may contact the City’s Credit Control Department by emailing them on creditcontrol@joburg.org.za.
SOURCED FROM THE CITY’S WEBSITE.
