Krugersdorp residents mobilise legal action and support in tariff hike fight

The shock residents felt with the new electricity tariffs that were introduced in July is in fact bringing communities together.

According to one of the directors of Krugersdorp Citizens United (KCU), Jacques van Schoor, residents now have good reason to remind the municipality to be more thoughtful and transparent in making decisions that directly affect the quality of their lives.

Recently, the Krugersdorp News reported on concerned citizens, ratepayers associations and businesses who met in Noordheuwel and agreed to put together a war chest to pay for professional legal advice to confront the municipality about the electricity increases.

Van Schoor said while the newly formed 1Mogale Ratepayers and Business Forum is finding its feet, the war chest will be managed by the KCU, with oversight by other partners. This collaborative forum will give scale and clout to efforts that address issues like sanitation, fresh water, clean air, biodiversity, security and town planning.

He added they are unhappy that many residents and businesses responded to the electricity increases by declaring a dispute under the protection of Section 102(2) of the Municipal Systems Act, which prevents the municipality from cutting off your power while the dispute is unresolved. The municipality responded to the Section 102 letters, unilaterally claiming that the matter is ‘concluded’ and that they will now progress with cutting off power.

“We have three phases that will aim at combatting this issue. Phase 1 is to raise R120 000 to start the legal process and hire lawyers, where we will be preparing their response to the ‘concluded’ letter. The goal of this submission is to put a stop to any disconnections and for the municipality to come to the negotiating table.

“In Phase 2, should Mogale City proceed to cut off power, despite our submission, we will have to raise funds to support affected members. We will ask the courts for a spoliation order, forcing MCLM to reconnect the power for every resident until the dispute is properly resolved. Such actions, if unopposed, will cost around R30 000 for each resident or business we defend. This means we will use our war chest to pay for a limited number of clear cases until MCLM hopefully gets the point that it is futile to continue with their brute force approach. The solid work done on the submission in Phase 1 will make Phase 2 more winnable and more affordable. We will be asking for cost orders which should mean that we get a large chunk of our legal costs back, should we win. If we are successful in Phase 2, we will have won a good chance at having all unjustified electricity tariff increases refunded to our citizens,” he explained.

“Regarding Phase 3, should MCLM choose to appeal any decision, we will have to show our financial stamina so that we can see this matter through to the end,” he continued.

Van Schoor said they are joined in the battle by their friends in the Azaadville Ratepayers Association, who led the charge on lodging the very first letters of dispute with the municipality.

“They are now also the first to bear the brunt of disconnection notices and threats and need our moral and technical support. They have already raised R200 000 to fund their spoliation orders.”

KCU has also been joined by ratepayer associations from as far as Hekpoort, Magaliesburg and Tarlton. Their high-energy business people are drawn from Delporton, Factoria, Chamdor and Boltonia. KCU will also reach out to Luipaardsvlei and Muldersdrift. Many of these businesses are members of the West Rand Chamber of Business, another one of their partners.

Van Schoor concluded that they need the community’s financial support, and is asking for donations. If any resident wants to donate, contact him on 083 325 8727, and residents can also WhatsApp him to add you to the 1Mogale group.