The City of Johannesburg welcomes another Court Judgement, this time around against the landlords of the Joubert Park Property in CDB who illegally reconnected themselves to water and electricity services and used frivolous court orders to evade paying the City.
Since 2020, the landlords of Joubert Park Property which has a total of 79 units, had sought no less than five Court Orders, in desperation to try and stop the City from cutting off their services over non-payment of municipal services for many years. Since 2015, despite continuing to consume water and electricity services, the Joubert Park Property had not paid the City for these services, except for a mere R2 000 in April 2023 for both water and electricity services.
The Court has called out the culture of entitlement and ordered the Joubert Park Property to pay up the City for all municipal services consumed.
The High Court in the Gauteng Division criticised the landlord of the Joubert Park Property for collecting rental money from its tenants but refusing to pay the City of Johannesburg for municipal services used. The Court ordered the property to cough up R805 022 for services consumed and slapped them with legal costs.
In a blistering judgement delivered by the Acting Judge N Cassim AJ on 22 February 2024, the Court condemned the illegal connection of services by the landlords of the Joubert Park Property who tried to use the Courts for their illegalities.
“When in frustration the respondents [City of Johannesburg Metropolitan Municipality, City Power] terminate the services, there is a further urgent application or resort to self-help. There are principles I wish to articulate. Firstly, our courts should not encourage illegality in any form. Self-help and resort by landlords to illegally reconnect services cannot be tolerated. Secondly, everybody, in particular, people, are entitled to basic rights but with that comes obligations… This cannot be interpreted and applied where a landlord collects rental including electricity and water charges but fails to pay the applicable levies imposed by authorities. Thirdly, our courts must be vigilant in ensuring that members of the public pay their dues,” observed Acting Judge N Cassim AJ.
The Judge further condemned the prevailing culture of entitlement in the country, where often many people including businesses do not want to pay for municipal services. “South Africa has become a country of entitlement where rich and poor want the best in lifestyle but are reluctant to pay their dues. This must not be countenanced by our courts,” lamented Acting Judge N Cassim AJ.
The Judge ordered the Joubert Park Property to pay R10 177,50 reconnection fee per unit and a further R77 000,00 excluding VAT for new service connection. The applicant was also ordered to pay monthly for service charges as determined by the meterage readings in terms of the new reconnected system. The City was ordered to reconnect services to the Joubert Park Property within 7 days subject to the applicant paying the required amount.
A lot of debt owed to the City is due to illegal connection of services by businesses, residents, and big organisations, which needs to be recovered. The City’s current debtor’s book is sitting at more than R48 billion, for rates and taxes, sewer, electricity, and water, which is unsustainable.
Customers who are in arrears on their municipal accounts and who wish to make payment arrangements and do not wish to visit any of the abovementioned walk-in-centres may contact the City’s Credit Control Department by emailing them on creditcontrol@joburg.org.za
ENDS –
Issued by:
Kgamanyane Maphologela
Director: Communications and Stakeholder Engagement
Group Finance
Email: stanmapho@joburg.org.za
For interviews, please contact Nkosana Lekotjolo on 082 467 9429
or Nyaniso Jeku on 081 441 8118.
16/03/2024
