Rates charged in full despite strike
Residents are perplexed by eThekwini Municipality's billing of domestic refuse and other services that were not rendered during the strike.
IN 2013, the Constitutional Court ruled that a ratepayer is not obligated to pay a municipality for a service it failed to provide.
Also read: eThekwini tariff hikes widely condemned
This reference to the Olga Rademan vs Moqhaka Municipality case comes after some Amanzimtoti residents have questioned why they should pay for services they never received while eThekwini Municipality’s employees were on strike for three weeks from February 27. During the strike, which was deemed illegal, refuse was never collected, and in some cases, ratepayers had no water or electricity.
A Kingsburgh resident, who recently received a rates statement, said he was shocked to find out he had been charged for refuse collection that never took place for three weeks.
“What is even more disturbing is that when you ask those in charge, they say we have to pay regardless,” said the resident who asked to remain anonymous for fear of reprisals.
During the strike, the staff that did not join the strike were intimidated and, in some cases, assaulted by those who were striking.
The 2013 judgment read, in part, “There is no obligation on a resident, customer or ratepayer, to pay the municipality for a service that has not been rendered. Accordingly, where, for example, a municipality included in a customer’s account for services an item for electricity when, in fact, no electricity has been connected to the particular property and, therefore, no electricity was supplied, the customer is entitled to take the stance that he or she will pay the total bill less the amount claimed for electricity supply.”
A resident, however, would have to prove that no services were rendered by the municipality at all. Eric Mzelemu is one of the people who have been affected and hopes eThekwini will re-adjust the statements.
eThekwini acknowledged receipt of the SUN’s query, but a response had not been received at publication.
DID YOU KNOW?
Click on the words highlighted in red to read more on this and related topics. To receive news links via WhatsApp or Telegram, send an invite to 061 694 6047.
Do you have more information pertaining to this story? Feel free to let us know by commenting on our Facebook page or you can contact our newsroom at 031 903 2341 and speak to a journalist.
(Comments posted on this issue may be used for publication in the Sun)
