The Johannesburg High Court has dismissed an urgent application by a Kyalami Estates resident in Midrand. The resident had wanted the city to restore her water supply that was disconnected due to her unpaid municipal bill.
In a media statement released on Tuesday, City of Joburg director for communications and stakeholder engagement in group finance, Kgamanyane Maphologela, confirmed that the city disconnected the resident’s water supply in July due to her failing to settle her municipal bill for almost two years.
Resident owes R200, 328
Maphologela said the resident last paid her municipal account on October 21 2022. He said as of July 11 2024, the resident owed the city R200, 328.
The judgement in favour of the city was handed down last week Wednesday by acting judge J Beyers.
“The City of Johannesburg has won another significant court case. This time around against a resident of an affluent northern suburb. [They] last made payment towards her municipal bill almost two years ago.
“The resident had approached the court on an urgent basis. She alleged… that she had a constitutional right to access sufficient water. This after the City and Johannesburg Water disconnected her water supply. And they subsequently removed the water metre linked to the property. This over her prolonged failure to settle her municipal bill.
“The resident wanted the court to declare the water connection and removal of her water metre ‘wrongful and unlawful and in violation of her basic constitutional rights to have access to water,’” said Maphologela.
“She wanted the court to direct both the City and Johannesburg Water to install a new water metre. To also restore her water supply within 24 hours. Although the resident did not dispute owing the city for municipal services, she however, disputed the amount she owed.
Chronic defaulter
“Both the City and Johannesburg Water had opposed the application. They argued… that the resident was a chronic defaulter. The last time she had made a payment towards her municipal account was on 21 October 2022. [They] had argued that, as at 11 July 2024 the Applicant [resident] was indebted to the City in the sum of R200,328-33. And that the resident had failed to prove urgency in bringing the matter to court.
“The city successfully argued that it had sent several pre-termination notices to the resident. Which were ignored by the resident,” said Maphologela.
Maphologela quoted Beyers as he delivered judgment.
“The Respondents [City of Johannesburg and Johannesburg Water] have given the Applicant [Resident] a number of pre pre-termination notices. They include, at least, notices on 8 August and 8 November 2023, respectively.
“These are all dated in excess of a period of 14 days prior to the alleged discontinuation date of 2 July 2024… The Respondents were within their rights to enforce the legislatively sanctioned credit control measures. These include the right to discontinue the water supply to the Applicant’s [resident] property. And to remove the water metre.”
City welcomes ruling
Maphologela said the city’s group chief financial officer, Tebogo Moraka, welcomes the latest favourable court judgement. ”But at the same time was concerned about a growing trend amongst property owners. They were quick to run to the courts in a bid to avoid paying for municipal services”.
“We are pleased that the courts are starting to agree with us. That property… owners cannot run away from their responsibilities of paying what is due to the City. This as far as municipal services are concerned. We hope this will send a clearer and stronger message. A message that a dispute with the city does not warrant the withholding of payment towards municipal services,” said Moraka.
