Court order to fix pipes invalid - SCA

2014-03-31 19:02
(Picture: AP)

(Picture: AP)

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Bloemfontein - A court order forcing the Capricorn district municipality to repair and replace water pipes in Lebowakgomo, Limpopo, was set aside in the Supreme Court of Appeal on Monday.

The SCA upheld an appeal by the Capricorn district municipality and Lepelle-Nkumpi municipality against a court decision in which they were ordered to repair and replace water pipes and faulty water meters in Lebowakgomo Zone A in Limpopo within 12 months.

The high court order had also forced the municipality to charge each household in the area not more than R70 per month for the water consumed.

Lepelle-Nkumpi municipality is located about 50km south of Polokwane and includes predominantly rural areas as well as Zebediela.

On Monday, the SCA found the high court order not competent as it violated the doctrines of legality and separation of powers.

The unanimous judgment found the lower court's order contravened the legal framework which reserved the functions in question for the municipalities.

The SCA said laying water pipes and the repairing faulty water meters fell within the executive and legislative powers of the municipality.

The SCA upheld the appeal with costs and set aside the mandatory interdicts issued by the high court.

- SAPA

Read more on:    polokwane  |  service delivery
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