High Court Orders City of Johannesburg to Restore Water Supply to Balwin Estate

In a recent court ruling, the City of Johannesburg was ordered to reconnect the water supply to The Reid Lifestyle Estate, developed by Balwin Properties. The estate’s water supply was cut off due to alleged municipal account arrears. The estate, on the other hand, claims that it is being wrongfully held liable for amounts it does not owe. This article delves into the legal battle between The Reid Residents Association and the City of Johannesburg, shedding light on the disconnection, the city’s credit control actions, and the estate’s ongoing disputes.

The water supply to The Reid Lifestyle Estate in Linbro Park was cut off abruptly on Friday due to alleged arrears in municipal accounts. However, at the time of disconnection, these amounts were already subject to dispute resolution processes. Faced with this crisis, the Reid Residents Association filed an urgent application in the Johannesburg High Court, seeking an order to restore the water supply. Acting Judge AJ Shepstone quickly ruled in favour of the residents, ordering the City of Johannesburg to reconnect the water supply within two hours.

Stanley Maphologela, the City of Johannesburg’s director for communications and stakeholder engagement, stated that the city respects the court’s decision and has reconnected the water supply in accordance with the ruling. He did, however, emphasise that the city will continue to defend itself in the ongoing legal battle. Maphologela justified the disconnection as a legal response to alleged tampering with water infrastructure, though the residents association denies these allegations. Due to the city’s large debtor book, the city’s aggressive credit control disconnection drive, Operation Buya Mthetho, has targeted business customers.

To address outstanding debts, the City of Johannesburg has implemented a debt collection process. Pre-termination notices were sent to affected businesses and residents, warning them of possible disconnection if their obligations remained unpaid. Customers’ services may be disconnected if they fail to respond to a final letter of demand. Residents and businesses facing financial difficulties, on the other hand, are encouraged to approach the city and explore options, such as admitting debt, to avoid disconnection. It is critical to note that all South Africans have a constitutional right to water, and the city must not violate this right.

The Reid Residents Association has filed five complaints with the City of Johannesburg regarding three municipal accounts. Double billing for water services, incorrect billing based on residential and business tariffs, charges for construction metres billed to the wrong party, fictitious charges for a nonexistent metre, and the closure of disputed accounts are examples of these disputes. The residents association claims that the city is aware of these disputes but has failed to resolve them, resulting in the illegal termination of services.

According to Maike Gohl of Schindlers Attorneys, who represents the Reid Residents Association, the disconnection of the water supply was illegal and violated constitutional rights. She claims that the city’s illegal actions denied the estate’s 2,500 residents access to basic services such as bathing, cooking, and cleaning. According to Gohl, the city’s fines and disconnections were issued without proper notice or adherence to the city’s water services by-laws. Fines should be imposed only after a criminal investigation and prosecution, rather than as arbitrary penalties, according to the bylaws.

Main Image:    Midrand Reporter