THE Durban High Court has dismissed the application by the Westville Ratepayers Association (WRA) to declare the rates charged for the financial years from 2005-2008 unlawful and not due to the municipality.

In the judgement passed on Tuesday, May 13, the eThekwini Municipality said it welcomes the decision.

“The application was occasioned by an investigation report commissioned by the WRA which found that the municipality did not comply with all relevant legislations which required it to publish the rates promulgation in the Provincial Gazette.

Also read: eThekwini Municipality wins case against ratepayers

“The municipality disputed this and contended that it had complied with the Municipal Finance Management Act (MFMA) and published the promulgation in the Gazette,” said the City in a statement.

The City reported that according to the judge who presided over the case, this assertion was not disputed by the applicant (WRA).

Furthermore, the judge said, “Leaving aside that the application was based on a meritless investigation report, I disagree with the applicant that the municipality was obliged to comply with all relevant legislation in promulgating rates.”

Reacting to the judgement, eThekwini Municipality Mayor, Councillor Cyril Xaba, said the municipality welcomed the judgement as it demonstrates the city’s commitment to conduct its business within the framework of the law.

“Residents must rest assured of our commitment to run a clean, accountable and transparent administration,” said Xaba.

In addition, the mayor said he strongly believed in the constructive resolution of disputes and that if residents are not satisfied with the manner in which the municipality runs its affairs, his door remains open for engagements.

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