Major blow to ratepayers as city wins case against Westville Ratepayers Association
|Published
Despite putting up a brave fight, Westville residents will have to go back to paying for city services.
This comes on the back of a win for the eThekwini Municipality after the Durban High Court this week dismissed the Westville Ratepayers Association's (WRA) application, with costs.
The WRA went head-to-head with the city, staging a rates boycott.
The Mercury reported that a few months ago, the WRA declared a dispute with the municipality over the tariff increases the City imposed when it passed its budget. The association said the increases were excessive and were imposed without consultation.
After the WRA had declared a dispute, the members started paying their rates into a trust account, and more than R1 million has been deposited in the account. Last month, the WRA approached the court to interdict the city from cutting services to those homes taking part in the boycott.
On Friday, the city lauded the court's decision.
"The judgment 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 city said in a statement.
eThekwini Municipality mayor, Mxolisi Kaunda said the judgment is an important victory, not just for eThekwini, but for other municipalities as well.
He added that the judgment validates the stance of the municipality in this matter.
Kaunda said this 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.
"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," Kaunda said.
He said the city has always relied on the fact that engagement with ratepayer associations is the most constructive way forward.
Kaunda said the municipality will continue to engage with ratepayer associations to find effective solutions to service delivery challenges.
The city has meanwhile urged residents to continue paying their municipal bills.
He said 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.
Speaking on behalf of the WRA, the eThekwini Ratepayers Protest Movement said it was disappointed by the ruling.
"While we wait for a full analysis of the ruling by our legal team, we want to emphasise that the WRA launched its challenge against the city on behalf of all ratepayers and residents, and this setback will have significant repercussions for our entire community if it is not challenged," the ERPM chairperson, Asad Gaffer, said.
"We remain steadfast in our conviction that our campaign is principled and correct and that it will be vindicated by the higher courts of our land in due course. We extend our gratitude to all ratepayers who joined the campaign," he said.
IOL