Lekwa Ratepayers Association has been actively involved with service delivery issues in Standerton and held a community meeting to iron out the difficulties, putting a proposal forward to establish a business chamber.
The chairman of the association, Mr Fanie Potgieter, introduced the attorney Mr Andreas Peens, whose firm specialises in municipal law.
Their firm is involved in litigation with 18 municipalities.
Committee members of the association were present namely Ms Rozanne van Deventer and Messrs Wilhelm Prinsloo, Ferdie Weyers and Gary van Aswegen.
As an introduction, Mr Peens detailed the inception of the association at the then Appledew Guesthouse and referred to load shedding during the level 4 lockdown.
Ratepayers’ victory in court against Eskom enjoyed wide publicity in the Standerton Advertiser, when an interdict prevented them from enforcing 55MVA.
Lekwa was exceeding the notified, maximum demand (NMD).
The power utility however, still has a right to appeal and the court date will probably be in the next three months.
On the question whether Eskom can then take it further, he unequivocally stated that the Supreme Court has the final say and no option is available for a Constitutional Court-hearing.
According to Mr Peens, the court can review and set the matter aside, or it can be a pending matter until a final decision is taken or it can be dismissed with costs.
In his address, Mr Peens said the community is affected by poor service delivery, which in turn affects everybody’s pockets.
An example was given about towns such as Koster and Swartruggens in North-West, that had notable court success against the Kgetlengrivier Municipality.
Residents took control of the area’s sewage works.
Mr Peens said the NMD in Standerton dates back to a 1988 contract entered into with Eskom and has not been adjusted since.
“The current needs are 80MVA and we believe our prospects of success are good.”
The meeting was specifically called after Lekwa’s rates and taxes increased for businessmen.
The audience was told that a ‘tax revolt’ where rates and taxes are withheld, is not legal and if charges are unlawful, a dispute can be declared.
His law firm is involved with 112 disputes and 37 interdicts were ordered in one week.
Neither can funds be held in a trust because other principles apply.
“A declaration should rather be handed to court about not paying municipal bills after not getting certain services.”
A valuation roll can furthermore be declared unlawful if it was not promulgated, and the residents were not notified about the available avenues in existence to raise objections or comments.
In such as case, the money must be paid back to the community.
Should the municipality not be able to pay back the community, the State Liability Act comes into operation.
“A municipality can not be bankrupt, that story is nonsense,” Mr Peens added. A district municipality then has to pay the money.
“We need people to stand up and say were are taking control. An entity needs to ask what municipal funds are used for.”
The legal route can be taken in fixing a road for instance where quotations are given to Lekwa, the road is fixed and a claim presented for the expenditure.
Alternatively, when a company decides to fix a road a road, it can be repaired with funds pooled and the court does not necessarily have to be approached.
“We need to begin something.
“Change begins with anybody in this room.”
Mr Ferdie Weyers suggested that resources should be pulled together to have a better chance of success.
Mr Peens indicated that information about the valuation roll can be requested from Lekwa.
Mr Potgieter emphasised that a business chamber should not become an ‘old boys club’ and the Standerton Advertiser had a meeting with him on Wednesday, 3 March.
Ratepayers’s chairman said the town needs an effective business chamber to realise the community’s aspirations and dreams.”We are proposing one method to deal with our problems.
“It has cost implications and ordinary residents need to understand what their rights are.”
Lekwa Ratepayers Association has scheduled a meeting at the Standerton Country Club for Wednesday, 10 March at 6pm with the sole purpose of establishing a business chamber.
“Our values are sustainability and accountability and attention will be given to service delivery,” Mr Potgieter concluded.
“Lekwa Business Chamber will be apolitical and not affiliated with any organisation.”
