Ratepayers embark on court journey
The ratepayers have filed a court application that is to be heard on November 1.
THE eThekwini Ratepayers’ Movement, led by the Westville Ratepayers’ Association (WRA), has embarked on a court route to prevent the municipality from taking action against members who participated in the rates boycott. This comes after a long dispute between the association and the municipality that started from objecting the July tariff increase to the ongoing boycott. The dispute has seen two meetings between the mayor and the ratepayers, one of which was closed.
In the closed meeting, the ratepayers requested that there be no penalties for their members who participated in the boycott.
The municipality, on many occasions, did state that not paying rates is illegal and that they will follow procedure for the members who did / did not pay rates.
Also read: Ratepayers meet with eThekwini mayor
The ratepayers have taken the matter to court which is set to be heard in November if there is no objection from the municipality by September 23.
The ratepayers said the municipality has indicated it will be proceeding with credit control measures and has stated such on the utility bills sent by members, hence that the interdict against any credit control measures was lodged.
“But we must make it clear, we are still in the application stage, and the matter is on the ordinary roll to be heard on November 1. Should the municipality go ahead with disconnections on any of our members in the dispute, the WRA/ERPM will make this application urgent. This is an application to interdict the eThekwini Municipality from implementing any of its debt collection and credit control measures, specifically disconnecting the electricity and water supply,” said chairperson Asad Gaffer.
The ratepayers stated that the application does not seek to ask the court to determine the outcome or merits of the dispute as it is still ongoing between the municipality and the members of the WRA.
Should the municipality go on with the credit control, the ratepayers said the harm that will be faced by the members of the association is on many levels.
Also read: Political parties show support for ratepayers
“The municipality will be breaching its legislative obligation by cutting municipal services in the wake of a legitimate dispute. The dispute is founded on the premise that the budget is unlawful and the charging of the services is therefore irregular and unenforceable. The municipality, in conducting itself in such a manner, is breaching the rights of its residents,” they said.
The WRA further stated that they have no intention of never paying the municipality for rates and services. “However, such rates and services must be valid, lawful, justifiable and enforceable.”
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