How to claim for damages from the municipality

What many Ekurhuleni residents may not know is that they can lodge a claim against the Ekurhuleni Metropolitan Municipality (EMM) for any losses or damages that are a result of wrong doing on the part of the municipality.

For any claim, a claimant must fill in a prescribed claim form and provide proof of negligence on the part of the municipality, that resulted in the loss or damage of their property.

Prospective claimants should, however, take cognisance of the following when submitting a claim:

• The proof provided should indicate that losses suffered are attributable to an act of neglect or omission on the side of council or any of its employees.
• Claims must be quantified by attaching the monetary value to their claim and proof that the actual loss is equitable to the amount claimed. For this purpose quotes, invoices and photographic evidence is required.
• The information submitted by the claimant, together with a report from the EMM Department responsible for the loss or damage, is submitted to the council’s insurers, who will make a ruling on the claim.
• If accepted, the claimant will receive an offer on an agreement of loss that needs to be signed and returned to the metro’s insurance section for processing. If the claim is rejected the claimant will, likewise, be notified in writing and reasons supplied for the rejection.

Residents are notified that submission of a claim does not automatically imply that the claim will be settled. However, applicants not in agreement with a ruling made on their claim may appeal the ruling in writing, stating which factors they feel might have been omitted when considering the claim.

Payments for successful claims will be made through the normal expenditure payment processing system. The process is subject to timelines and processes and may take up to 30 days, depending on the authorisations that need to be obtained.

General liability claim forms and pothole claim forms can be obtained at the municipality’s insurance section, on the ground floor at the Sanburn Building, 68 Woburn Avenue, Benoni (forms are also available at the end of this article).

For more information, prospective claimants may contact the insurance section on 011 999 6550 or 011 999 6547.

Forms (PDF):

Pothole Claim Form

Public Liability Form

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