RATEPAYERS’ associations in eThekwini have claimed a partial victory after the Durban High Court granted an interim interdict preventing the municipality from disconnecting water and electricity to households involved in the ongoing lawsuit.

Following a two-year legal battle between the eThekwini Municipality and eThekwini Ratepayers Protest Movement (ERPM), the Durban High Court issued an interdict on October 8.

The decision brought some relief to ratepayers after a long-standing dispute that has plagued residents.
In a statement issued by the ERPM, its chairperson Asad Gaffar said in December 2023, the municipality unilaterally imposed excessive, back billing adjustments on residents.

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Gaffar said this prompted ERPM to seek redress through the courts after exhausting all avenues for amicable resolution.

“This interim interdict sends a clear message to the municipality that it will not tolerate such behaviour and underscores the importance of upholding the Constitution,” said Gaffar.

eThekwini Municipality responds to the high court judgement

Spokesperson for eThekwini Municipality, Gugu Sisilana, said the judgment applies only to the specific members of the ERPM listed in the court papers. She said there are 100 households and 300 individuals and not the widely reported figure of 50 000 households.

“The city will consider the disputes in accordance with the relevant legislation, noting that many were not lodged as required under the Act. It is important to note that neither the judgment nor the dispute concerns the appropriateness of the property-value-based criteria for free basic water,” said Sisilana.

Judge Carol Sibiya, in the court papers, said the municipality’s indigent relief programme is to assist people who are struggling to pay municipal rates.

Chairperson of The Bluff Ratepayers and Residents Association, Allison Schoeman, said that the recent decision is an interim interdict.

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“The high court granted ERPM and its members an interim interdict. This temporary order restrains the municipality from disconnecting electricity or water supply to the listed ERPM members, and debiting their accounts with reconnection fees, interest, or related charges, pending the final determination of the disputes that those members lodged concerning the retrospective billing of the six kilolitre free water allowance,” said Schoeman.

She explained that the court did not make a final finding on the lawfulness or validity of the municipality’s backdated billing itself.

The Durban High Court granted an interim interdict

“The matter therefore remains sub judice pending the resolution of those individual disputes and any subsequent review proceedings,” said Schoeman.

She said while the ERPM press release rightly celebrates the interim protection achieved, certain portions of the public communication may inadvertently convey the impression that the court has made a final ruling overturning or reversing the backdated charges.

“The relief granted is procedural and protective, not substantive or final. The judgment preserves the rights of residents until due process has been completed and does not finally decide whether the municipality’s billing practises were lawful or not,” said Schoeman.

She added that the ERPM’s success in obtaining interim relief is a meaningful victory for procedural fairness and for the right of communities to be heard.

“However, it is equally important to communicate legal outcomes responsibly and truthfully, ensuring that public advocacy never compromises factual accuracy or respect for the courts,” Schoeman added.

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