AfriForum is considering legal action against the Govan Mbeki Municipality (GMM). This consideration comes after the civil rights organisation submitted a request to the municipality in July for information on the large amounts GMM officials and councillors owe on their municipal accounts.

AfriForum made the request under the Promotion of Access to Information Act (Paia). Hennie Bekker, AfriForum’s district co-ordinator for the Highveld, said the GMM is likely hoping that this request will quietly die.

“We believe the GMM is trying to buy time and thinks AfriForum will eventually abandon our request for this crucial information. However, AfriForum will not back down,” said Bekker.

AfriForum made the Paia request when residents with outstanding GMM accounts had their prepaid electricity meters blocked. However, it appears that the GMM does not apply similar measures to its councillors and employees with accounts in arrears.

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According to Bekker, this request seeks information to understand why certain accounts are allowed to accumulate to sky-high amounts, why certain debtors have multiple accounts and why the accounts in arrears are shifted between these accounts.

In response to the request, the GMM informed AfriForum on September 5 that they awaited consent from the parties involved before releasing the information.

“What’s strange is that details about debtors in the GMM’s outstanding municipal accounts are already public knowledge and published in the municipality’s quarterly reports,” said Bekker.

AfriForum subsequently followed up via telephone to enquire when the GMM planned to respond to the request, but has still not received a clear answer.

“Ordinary people must sit in the dark, while those supposed to serve them get off scot-free if they don’t pay their bills. We will keep pushing for the truth to come out.”

Although the GMM entered into debt acknowledgement agreements with some debtors following correspondence from AfriForum about a year ago, the process was reportedly selectively carried out.

“The contents of these agreements, especially those involving municipal councillors and employees, were also requested in the Paia application.

“Here we see again that political connections result in not everyone being treated equally as residents. Some councillors can owe thousands and nothing is done about it.”

GMM spokesperson Donald Green said the Credit Control and Debt Collection Policy is indiscriminately enforced, including against the GMM’s employees and councillors.

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“The non-compliant accounts are subject to the normal credit control and debt collection processes, whereby an arrears account that has not entered into payment arrangements will result in water or electricity disconnection until the account is paid in full,” said Green.

“The Protection of Personal Information Act requires the municipality to protect the personal information of individuals. This includes personal information related to municipal accounts, such as account holder details and payment information.

“However, many of the owing staff and councillors have entered into payment arrangements with the GMM. The normal credit control procedures are being applied to any accounts of councillors and municipal staff in arrears.

“Item 10 of Schedule 2 to the Systems Act states that a staff member of the municipality may not be in arrears with the municipality for rates and service charges for a period longer than three months, and the municipality can deduct any outstanding amounts from staff members’ salaries after this period. The municipal manager shall then liaise with the Speaker and issue the necessary salary deduction instructions where necessary.”

Green said the GMM is intensifying its credit control drive to collect outstanding revenue from all categories of property owners.

“We encourage all property owners who are struggling to service their accounts for various reasons, to approach the municipaly and make payment arrangements to avoid being cut off.”