Fin24

Property owners take City of Joburg to court

2011-12-06 07:46

Johannesburg - Property owners and developers have applied for an urgent interdict in a bid to halt the City of Johannesburg from illegally cutting water and electricity supplies, according to a report on Monday.

The Business Day reported that according to papers filed in the Johannesburg High Court on Monday, the city did not comply with its legislated obligations.

There were 12 applicants, including the Property Owners and Managers Association.

If granted the order would affect everyone entitled to basic municipal services in Johannesburg, Maurice Crespi of Schindlers Attorneys told the publication.

Crespi said the applicants were bringing the application in their own interest as they were affected by the city's conduct.

City spokesperson Nthatise Modingoane told the publication the court papers had been received and the city would respond in due course.

The second part of the application sought a declaration that the city had breached its constitutional and statutory obligations to ensure the proper administration of billing of municipal accounts for services like water and electricity. The applicants cited 16 legal duties the city had failed to comply with.

 

Comments
  • 100002227914361 - 2011-12-06 08:27

    They do not have any more money!!!! This country is so screwed by BEE!!!

  • bb - 2011-12-06 08:36

    YAY!!!!!!Its about time.The thugs are terrorizing the rate payers without getting their own house in order.If this fails,each and every rate payer should stop paying altogether and bring the City of Jhb to its knees.They have a nerve to call it a first class African city.

  • 100000312695185 - 2011-12-06 08:39

    Moved into a new house in April... Still cant get an account out of them :( I panic every time there is a power dip !!! They are in a complete mess.

  • Ben Spreeth - 2011-12-06 08:40

    Why does the court have to force officials to do what they are paid for. There will always be someone else to replace them. The courts have enough to deal with already.

  • Goose - 2011-12-06 08:50

    The problem is the council is bankrupt because: 1. The staff are incompetent 2. Procedures were not followed for systems to be tested before implementation. 3. A portion of the "indigenous" population do not pay accounts because they are ANCerized and were brought up to revolt against authority and law. A monster created by the ANC that is now uncontrollable. SA needs a moral regeneration so parents can start raising honest, hard-working children with good attitudes. Unfortunately I don't see this happening anytime soon as most South Africans black, white, brown steal, lie, cheat and generally disobey the law multiple times daily yet all point fingers at each other.

  • Open - 2011-12-06 08:55

    Isn't it amazing that when the poor receiver prepaid water meters the city declared those prepaid water meters illegal due to the fact that it robs the poor of the supply of basic need to survive that been water. Yet they can happily cut tax payors water supplies.

  • Denise - 2011-12-06 09:30

    Where do we sign up?? About time this got sorted out - CoJ is completely useless - where else do you HAVE to pay for such terrible service and service provider mistakes!

  • 100002337773761 - 2011-12-06 09:36

    I soooo want to join this fight!!

  • Jonathan G - 2011-12-06 09:59

    My power is being cut an average of once a week, last week for over 14 hours!! I am so TIRED of this and its time that city of joburg start feeling a little pressure for REAL SERVICE DELIVERY!!! Enough with the excuses!!!!

  • JoburgAdvocacy - 2011-12-06 10:02

    YES!! At last commercial property owners are stepping up to the plate and the issue of whether the city is acting illegally wrt to the billing crisis will be tested in court ...

  • iwincases - 2011-12-06 12:13

    Thank you all for your comments. Schindlers Attorneys has received a litany of emails from interested members of the JHB public, who would like to make their stories known. Schindlers have therefore set up a ‘hot’ email address, catering specifically for this purpose. Residents, who have experienced unlawful cut-offs, are encouraged to please send their full names, (account details if not too much of a hassle), the property description and details of their experiences. The address is coj.complaints@schindlers.co.za The email complaints will be presented to the Judge on 15 December 2011. Each email will count. Residents now have the opportunity to speak with a united voice, which, for once, will not fall on deaf ears. The City should be made to account for its unlawful conduct. Participation is strongly encouraged and would be greatly appreciated. Thanks!

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