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Joburg will appeal water ruling PDF Print E-mail
Written by Ndaba Dlamini   
Wednesday, 14 May 2008

The City team take questions (Photo: Enoch Lehung, City of Johannesburg)

The City will appeal the recent high court judgment on the installation of pre-paid water meters in Phiri, and it is "confident it will win".

Announcing the City's intention to appeal: mayoral committee member for finance and economic development, Parks Tau; portfolio head of infrastructure, Roslyn Greeff; and Executive Mayor Amos Masondo (Photo: Enoch Lehung, City of Johannesburg)
Announcing the City's intention to appeal: mayoral committee member for finance and economic development, Parks Tau; portfolio head of infrastructure, Roslyn Greeff; and Executive Mayor Amos Masondo
(Photo: Enoch Lehung, City of Johannesburg)

THE City of Johannesburg will appeal the recent high court ruling on the installation of a pre-payment water system in Phiri, in Soweto.

The announcement was made by Executive Mayor Amos Masondo, flanked by members of the mayoral committee, on 14 May at the Metro Centre in Braamfontein.

Masondo said the City respected Judge Moroa Tsoka's judgment but after "close" consultation with its legal counsel, it had decided to lodge an application with the Supreme Court of Appeal.

"Our basis for appeal will be set out systematically in legal argument. We believe the judgment has been distorted somewhat and would like to place our perspective on the matter."

On 30 April, Judge Tsoka ruled that the decision of the City to limit the free basic water supply to 25 litres per person per day, or six kilolitres per household, was set aside. He also ruled that the "forced" installation of a prepayment water system in Phiri township without the choice of an option was unconstitutional and unlawful.

Speech
The mayor speaks on the judgment
Read more

The installation of a pre-payment water system in the township is part of the City's Operation Gcin'amanzi, a R880-million project to upgrade its water infrastructure, so cutting the number of leaks and the resulting waste of water.

Operation Gcin'amanzi
Masondo said Operation Gcin'amanzi began with a request from the Department of Water Affairs and Forestry to water authorities, including Johannesburg, to deal with the impending crisis around water usage in South Africa. The City responded to this call by conducting a study into water losses in Joburg.

"The study revealed that Soweto accounted for more than 60 percent of the commercial losses, due largely to poor and ageing infrastructure. Operation Gcin'amanzi was initiated in 2003 with the clear objective of reducing the water losses and promoting ongoing water conservation," Masondo explained.

Pointing out some misrepresentation of facts by the judge, Masondo said Operation Gcin'amanzi had been criticised for limiting residents' access to water, "and on this basis, has been incorrectly represented as being prejudicial to the poor".

"Through Operation Gcin'amanzi, the City of Johannesburg was able to roll out a metered supply system that was able to give stands a measure of free water. Before the introduction of this system residents were not getting free basic water - they were required to pay a flat rate for an unmeasured amount of water, deemed to be approximately 20 kilolitres per household per month."

Free basic services
Masondo added that the amount of water that households got free was not determined by pre-payment meters, but by the City's package of free basic services.

Parks Tau, the member of the mayoral committee for finance and economic development, added that Operation Gcin'amanzi was a way for the City to reduce water consumption and so reduce costs.

"Before the installation of pre-paid meters, the households in Phiri township owed the City about R6 000 on average in unpaid rates. The project was a way to rehabilitate those households," he said.

Asked about the court's ruling that no consultation with the residents had taken place, Masondo said "numerous" meetings were held with residents before the decision to install prepaid meters was taken.

"People had to sign voluntarily that the project to install pre-paid water meters go ahead. It was only a small fraction that was against the decision."

Rosyln Greeff, the mayoral committee member for infrastructure services, warned Phiri residents not to remove the prepaid water meters that had been installed on their stands as this would be a "criminal act". She said the City was confident that it would win the appeal against the high court decision.

"If by any chance we don't win the appeal, then the City will go back to the drawing board and review its policies," she said.

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