It was a sore loss for the Westville Ratepayers Association (WRA) on Friday October 27, when the Durban High Court dismissed, with costs, the WRA’s application to interdict eThekwini from disconnecting services of customers who joined the rates boycott.
The eThekwini Municipality welcomed the decision of the High Court in the matter between the municipality and WRA. The judgement effectively means that residents supporting the rates boycott must pay for services, including penalties, interest, and a reconnection fee. Furthermore, where residents who have been disconnected are found to have illegal connections, the meter will be removed.
The WRA and the municipality have been at loggerheads since the start of the year. The WRA accused the city of poor service delivery and dilapidated infrastructure. WRA chairman, Asad Gaffar, said earlier this year that the money owed to the municipality would be placed in a trust pending their demands. The municipality met with the WRA on August 10, but there was no resolution.
eThekwini Mayor Mxolisi Kaunda said the judgement is an important victory not just for eThekwini but for other municipalities as well.
“This judgement validates the stance of the municipality in this matter. It also confirms the view that ratepayer associations cannot take the law into their own hands and withhold payments that are lawfully due to the city,” said Mr Kaunda. “The city has consistently advised and cautioned residents to refrain from such action as it is unlawful. We hope that this court decision will act as a deterrent to such unlawful behaviour.”
Mr Kaunda added that the municipality had always maintained that engagement with ratepayer’s associations was the most constructive way forward. He said the municipality has engaged and will continue to engage with ratepayer’s associations to find solutions to service delivery challenges.
Mr Gaffar said they had no other choice but to end the boycott.
“We lost the fight, but we knew the judge would want to take the easy route out. We are waiting on our legal team to advise on whether we should appeal,” said Mr Gaffar.
“The city has an advantage over the ratepayers, and it will continue to behave the way it has been. All we wanted was accountability and service and this is a concern for all ratepayers. We will have to consider other avenues to explore for us to get proper service delivery.”
Mr Gaffar added that the WRA launched its boycott against the city on behalf of the ratepayers and residents of Westville. He said they are certain their campaign against the city is principled and will be vindicated in a higher court in due course.
The municipality urged residents to continue paying their municipal bills. Where there are genuine financial difficulties, residents can make use of the current Debt Relief Programme. Customers can also visit any Sizakala Centre to enter into affordable payment arrangements.
