ConCourt to rule on rates case

2013-04-25 11:27
The Constitutional Court (Picture: Sapa)

The Constitutional Court (Picture: Sapa)

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

Johannesburg - The Constitutional Court will deliver judgment on Friday in the case of a woman whose lights were cut off after she refused to pay rates on the grounds 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.

She and other members withheld payment of their rates and taxes in protest against poor service delivery, but paid for electricity, water and other services.

The municipality disconnected her electricity in August 2009.

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

Appeal

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.

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 for which they wanted to pay.

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

The high court overturned the lower court's decision.

Rademan then appealed to the Supreme Court of Appeal, which 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.

The Constitutional Court heard argument on whether there was a conflict between the ERA and the systems act, and whether the ERA should prevail.

The municipality contended there was no conflict and that the systems act should prevail.

Read more on:    bloemfontein  |  service delivery  |  local government

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

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
7 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
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.