The ratepayers alleged the city failed to take action against those responsible for the losses in spite of R346m lost because of a “repeat transgression”.
They cited R2bn in water losses and R1.3bn in electricity losses, arguing the city had done nothing about this other than raise tariffs. They had made repeated requests for engagement but these had been denied.
On Friday, the city said the judgment meant residents supporting the rates boycott must pay for services, including penalties and interest and reconnection fees.
Mayor Mxolisi Kaunda said the judgment confirmed ratepayers' associations could not take the law into their own hands and withhold payments lawfully due.
“The city has consistently advised and cautioned residents to refrain from such action as it is unlawful. We hope this court decision will act as a deterrent.”
He said the municipality had engaged and would continue to engage ratepayers' associations to find solutions to service delivery charges.
WRA chairperson Asad Garffar said: “We have no choice but to end the boycott. We don't want to put people more at risk unnecessarily.
“We lost the battle, it was not unexpected. We knew the judge would want to take the easy way out. We are waiting for our legal team to advise on whether we should appeal.
“We are in the position where the city has the advantage over the ratepayers and it will continue to behave in the way it has been. We wanted accountability and services and this is a concern for all ratepayers. But the fight continues. We will re-strategise.”
TimesLIVE
Ratepayers lose fight with eThekwini over rates boycott disconnections
Image: Sandile Ndlovu
The Westville Ratepayers Association (WRA) has lost its court battle against the eThekwini municipality in which it was seeking an interdict preventing the city from disconnecting services to “rates boycotters”.
The case was argued before Durban high court acting judge Jabu Thobela-Mkhulisi in September.
On Friday, she dismissed the application, with costs.
The ratepayers association said in its court papers it had lodged a dispute over the latest budget and wanted the interdict, stopping disconnections, until this was finalised.
The ratepayers said the municipality’s budget public participation process was flawed and resulted in an incorrect budget.
The auditor-general’s concerns about the municipality had also not been addressed in the budget and unauthorised, irregular, fruitless and wasteful expenditure losses in the 2021/2022 financial year amounted to R427m.
eThekwini metro wants to resuscitate city’s ‘decaying’ image, starting with iconic Wheel mall
The ratepayers alleged the city failed to take action against those responsible for the losses in spite of R346m lost because of a “repeat transgression”.
They cited R2bn in water losses and R1.3bn in electricity losses, arguing the city had done nothing about this other than raise tariffs. They had made repeated requests for engagement but these had been denied.
On Friday, the city said the judgment meant residents supporting the rates boycott must pay for services, including penalties and interest and reconnection fees.
Mayor Mxolisi Kaunda said the judgment confirmed ratepayers' associations could not take the law into their own hands and withhold payments lawfully due.
“The city has consistently advised and cautioned residents to refrain from such action as it is unlawful. We hope this court decision will act as a deterrent.”
He said the municipality had engaged and would continue to engage ratepayers' associations to find solutions to service delivery charges.
WRA chairperson Asad Garffar said: “We have no choice but to end the boycott. We don't want to put people more at risk unnecessarily.
“We lost the battle, it was not unexpected. We knew the judge would want to take the easy way out. We are waiting for our legal team to advise on whether we should appeal.
“We are in the position where the city has the advantage over the ratepayers and it will continue to behave in the way it has been. We wanted accountability and services and this is a concern for all ratepayers. But the fight continues. We will re-strategise.”
TimesLIVE
READ MORE:
EDITORIAL | The Samas is an expensive indulgence provincial government can ill-afford
Umhlanga residents threatening rates boycott over water outages
eThekwini municipality fighting off nearly 2,500 legal claims
eThekwini mayor declares ‘war’ on boycotting ratepayers, says there is a hit list
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos