ConCourt to hear rates dispute

2013-02-05 11:38
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Constitutional Court will hear a case on Tuesday involving a woman who had her lights cut off because she refused to pay her rates on the grounds that her municipality was not delivering services.

Kroonstad resident Olga Rademan, a member of the Moqhaka Ratepayers and Residents' Association, declared a dispute with the Moqhaka municipality in June 2008.

Rademan and other members of the association withheld payment of property rates from the municipality in protest against poor service delivery.

She was paid up for the electricity and water portion of her bill, but the municipality disconnected her electricity in August 2009 because she would not pay the rates and taxes on the property.

Rademan brought an application in the Kroonstad Magistrate's Court, which ruled the municipality was not entitled to disconnect her electricity.

The municipality appealed the ruling in the Free State High Court. It argued it was entitled to disconnect electricity when a ratepayer failed to pay for the provision of any service in terms of the Credit Control and Debt Collection By-Laws.

Supreme Court of Appeal

This legislation and the Local Government: Municipality Systems Act showed the municipality had done nothing wrong because it was entitled to do so even if the actual service terminated was paid.

The Moqhaka municipality argued residents had no right to pick the services they wanted to pay for.

Rademan argued that in terms of the Electricity Regulation Act (ERA), the municipality was not entitled to cut the electricity supply to her property.

The high court overturned the lower court's decision.

Rademan then appealed to the Supreme Court of Appeal (SCA). It dismissed the case and said a municipality had the option, under the Systems Act, of consolidating the accounts for various services.

It was intended to prevent residents from electing for which municipal accounts they wished to pay for.

The Constitutional Court will hear argument on whether there is a conflict between the ERA and the Systems Act, and whether the ERA should prevail.

The municipality contends there is no conflict and that the Systems Act should prevail.
- SAPA
Read more on:    constitutional court  |  bloemfontein  |  electricity  |  service delivery
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
10 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Get fit on a budget

It’s time to throw the “I can’t afford to exercise” excuse out the window.

 
 

Where were you when you last felt alive?

Tips for paddling your first Dusi
Climbing the world’s largest stone arch
Awesome extreme sports people
Watch: 2015 Absa Cape Epic route

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

You may prefer to be in charge because then you can call the shots. You are not as flexible as you like to make out to be and you...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.