Durban - The battle between the eThekwini Municipality and the Westville Ratepayers’ Association (WRA) over the residents’ rates boycott is intensifying with the two parties set to meet in court on Thursday after the municipality disconnected services to some residents who are part of the action.
The WRA, which has lodged a dispute with the municipality over the tariff increases passed in the budget, had recently filed a court application in the Durban High Court for an interdict to prevent the municipality from disconnecting their water and lights while the dispute is pending.
The matter was set to be heard later this year and the municipality intends to oppose this application.
However on Friday, the WRA filed an urgent supplementary affidavit in which it said that the City cut services to at least five properties last week.
The supplementary affidavit was deposed by Asad Gaffar, the chairperson of the WRA, shortly after the City began disconnections on Thursday last week. Those who were disconnected had not been reconnected by yesterday.
Gaffar told The Mercury that the parties met in court on Friday and they are returning to court on Thursday.
In his supplementary affidavit before the court, Gaffar said after the City began cutting services, their lawyers contacted the municipality’s lawyers seeking an assurance that those who had been disconnected would be reconnected. They also sought a further undertaking that no further disconnections would be carried out, but such undertakings were not given, he said.
On Thursday, September 7, he received calls from some of the residents who had been disconnected.
“I submit that this application for interim relief is indeed sufficiently urgent for an interim decision and it would be in the interest of justice to do so,” said the supplementary affidavit.
Mayor Mxolisi Kaunda has recently said the City has a right to enforce credit control policies.
“We now have a list of people who withhold their rates, in court (papers) they gave us that list. We know exactly our first targets now, that is where we are going to cut first. Those who are not paying us, we must cut them because it is unlawful to withhold rates, the Constitution gives us the right to charge rates.
“Do not think that everyone who resides in Westville has decided to withhold their rates, it’s just two or three streets. And we will be dealing with the streets, if they do not pay us, we will cut them,” he said.
Asked about the mayor’s comments, municipal spokesperson Gugu Sisilana said the “mayor was referring to the statement we issued last week. It’s
nothing new; it’s not a breaking news story that we have not addressed before”.
The statement referred to was released on September 6. In it the municipality had said no court order has been granted preventing the City from disconnecting services to those boycotting payments. It said it would continue implementing credit control measures in line with relevant policies and municipal by-laws where accounts are in arrears.