Global Courant
In a recent court ruling, the City of Johannesburg was ordered to reconnect the water supply to The Reid Lifestyle Estate, developed by Balwin Properties. The estate’s water supply was cut off due to alleged overdue bills from the council. The estate, on the other hand, argues that it is wrongly held liable for amounts it does not owe. This article takes a closer look at the legal battle between The Reid Residents Association and the City of Johannesburg, shedding light on the disconnection, the city’s credit control actions and the ongoing disputes over the estate.
The water supply to The Reid Lifestyle Estate in Linbro Park was abruptly cut off on Friday due to alleged arrears with the council. However, at the time of closing, these amounts were already subject to dispute resolution procedures. Faced with this crisis, the Reid Residents Association filed an urgent application with the Johannesburg High Court seeking an order to restore the water supply. Acting Judge AJ Shepstone quickly ruled in favor of residents and ordered the City of Johannesburg to reconnect the water supply within two hours.
Stanley Maphologela, Director of Communications and Stakeholder Engagement for the City of Johannesburg, stated that the city respects the court’s decision and has reconnected the water supply in accordance with the ruling. He did emphasize that the city will continue to defend itself in the ongoing legal battle. Maphologela justified the disconnection as a legal response to alleged tampering with water infrastructure, though the residents’ association denies these allegations. Due to the city’s large debtor base, Operation Buya Mthetho, the aggressive decoupling of credit control, has targeted corporate clients.
To address outstanding debts, the City of Johannesburg has implemented a debt collection process. Notices of termination were sent to affected businesses and residents, warning them of possible closure if their obligations went unpaid. Customers’ services may be shut down if they fail to respond to a final summons. In contrast, residents and businesses running into financial difficulties are encouraged to approach the city and explore options, such as admitting debt, to avoid disconnection. It is critical to note that all South Africans have a constitutional right to water and the city must not violate this right.
The Reid Residents Association has filed five complaints with the City of Johannesburg regarding three municipal bills. Duplicate billing for water services, incorrect billing based on residential and business rates, construction meter charges billed to the wrong party, fictitious charges for a non-existent meter, and the closing of disputed bills are examples of these disputes. The residents’ association claims that the city is aware of these disputes but has failed to resolve them, resulting in the unlawful termination of services.
According to Maike Gohl of Schindlers Attorneys, who represents the Reid Residents Association, the water shut-off was illegal and violated constitutional rights. She claims the city’s illegal actions denied the estate’s 2,500 residents access to basic services such as bathing, cooking and cleaning. According to Gohl, the city’s fines and closures were issued without proper notice or compliance with the city’s water services ordinances. Fines may only be imposed following criminal investigation and prosecution, and not as arbitrary punishment, according to the statutes.
Main image: Midrand Reporter
