Joburg loses court case against Waterfall estates 

The City of Joburg Metro suffered a legal setback this week when the Johannesburg High Court ruled that the millions in fines it imposed on the owners of three luxury estates in Waterfall City for illegal water connections are unlawful and do not comply with the municipality’s water services by-laws. 

Sunday World exclusively reported recently that Waterfall Country Estate, Waterfall Schools and Waterfall Fields hauled the metro to court to challenge the fines it imposed on them for their illegal water connections.  

The metro had issued a fine of over R1-million to Waterfall Country Estate, over R2-million to Waterfall Schools, and over R3-million and an additional R4-million to Waterfall Fields on separate dates. 

Waterfall Country Estate was the first applicant, and Waterfall Schools, which owns Curro School was the second applicant, while Waterfall Fields was the third applicant in the civil suit. The metro and its wing, Joburg Water, were the first and second respondents respectively. 

In a judgment delivered electronically on Friday, Judge Stuart Wilson ordered the metro to correct the charges meted out against Waterfall Country Estate, Waterfall Schools and Waterfall Fields for their illegal water connections within 30 days of the court order. 

Wilson further interdicted the metro and Johannesburg Water from taking any debt-recovery or remedial action against Waterfall Country Estate, Waterfall Schools and Waterfall Fields, which are nestled next to Mall of Africa in Midrand, in respect of the fines issued. 

Waterfall Country Estate’s lawyers argued in their main application that the court should declare unlawful the “incorrect” fines imposed by the municipality for illegal water connections. 

Wilson ruled that a notice dated October 1, 2018 titled By-Laws Contravention Charges, issuing a fine of over R1-million excluding VAT to Waterfall Country Estate does not comply with Section 111 of the City of Johannesburg Metropolitan Municipality Water Services by-laws. 

“It is declared that the undated notice titled By-Laws Contravention Charges, issued by the first respondent to the second applicant, and addressed to ‘Curro School Waterfall’ and imposing on the second applicant a liability of R2 091 624.23 excluding VAT, received by the second applicant in or around May 2018… does not comply with Section 111 of the City of Johannesburg Metropolitan Municipality Water Services By-Laws, is ultra vires and of no force or effect. 

“It is declared that the undated notice titled ‘By-Laws Contravention Charges’, issued by the first respondent to the third applicant… and imposing on the third applicant a liability of R3 366 427.63 excluding VAT, received by the third applicant in or around May 2018… does not comply with Section 111 of the City of Johannesburg Metropolitan Municipality Water Services By-Laws, is ultra vires and of no force or effect,” Wilson ruled. 

“It is declared that the undated notice titled ‘By-Laws Contravention Charges’, issued by the first respondent to the third applicant… and imposing on the third applicant a liability of R4 023 597.45 including VAT, received by the third applicant in or around May 2018… does not comply with Section 111 of the City of Johannesburg Metropolitan Municipality Water Services By-Laws is ultra vires and of no force or effect.”  

 Wilson also ordered the metro and Joburg Water to pay the legal fees of the applicants. 

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Sunday World