Ratepayers await judgment in court case with the City
The Westville Ratepayers’ Association appeared at the Durban High Court on Thursday, September 14.
JUDGMENT was reserved in the case between the Westville Ratepayers’ Association (WRA) and eThekwini Municipality. The WRA appeared at the Durban High Court on Thursday, September 14, with an application for five of their members to be reconnected following their boycott.
The ratepayers have been on a boycott to pay rates following their objection to the tariff increase that was initiated in July.
Also read: Ratepayers to appear in court
Acting judge, Jabu Thobela-Mkhulisi, questioned the use of Section 102 (2) of the Municipal Systems Act with disputed municipal payments. This was the grounds on which the application was brought forward. The ratepayers’ legal representative was questioned about the use of this section in the ongoing dispute. It was suggested by the court that the section did not apply to the case that was brought forward.
Thobela-Mkhulisi further questioned how the ratepayers want a service they are unwilling to pay for.
Adv Muhammad Zakaria Suleman, the ratepayers’ representative, said the case was brought forward on the fact that the municipality breached the Municipal Act which states: ‘Implementing debt collection and credit control does not apply where there is a dispute between the municipality and the person owing.’
The judge further requested Adv Suleman to provide the names of the individuals who were in dispute with the municipality and the amounts. Upon discovering that the ratepayers only had the names of the people in dispute, the judge highlighted that the act applies to individuals and not to the organisation.
Also read: Ratepayers appear in court with urgent application
The legal counsel representing eThekwini, Adv Glen Goddard SC, argued that the grounds of the application used are wrong, saying the interpretation is so untenable that it does not give rise to prima facie right. He further accused the association that they are trying to bring the municipality to its knees. He said the ratepayers’ action was unlawful and called for the application to be dismissed with no costs.
Reporting on the court appearance, the ratepayers said that even though their members have not been reconnecting, “we are encouraged that our matter has been afforded the appropriate consideration and are hard at work in our continued struggle.”
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