The National Bargaining Council for the Road Freight and Logistics Industry has gone to court in a bid to force Joburg’s City Power to disclose the findings of a meter billing investigation.
The council says its monthly electricity bill doubled after City Power installed a new meter at its Braamfontein premises in April 2024, despite no expansion in operations. It alleges that its bill increased from R100,000 a month to R200,000, and that it suffered financial prejudice that resulted in its premises being disconnected from the electricity supply at one stage.
In an affidavit filed in the Johannesburg high court this month, the council’s facilities and administration manager, Kwanele Ngwenya, says City Power’s conduct is unconstitutional.
The application forms part of a legal bid by the council to compel City Power to disclose the findings of a meter billing investigation, as directed by the Johannesburg ombudsman, and to prevent any further disconnection of its electricity supply pending the resolution of the dispute.
In the affidavit, Ngwenya states that the council referred the matter to the ombudsman in October 2024, who recommended that City Power investigate the complaint and submit a report to the council within a reasonable timeframe.
Ngwenya argues that City Power has shown an unwillingness to comply with the ombudsman’s findings and has failed to provide any clear explanation for the increase.
“Having become aware of the exponential increase in charges, the council attempted to engage City Power to resolve the issue. These attempts have, to date, come to naught,” the affidavit reads.
The dispute escalated when City Power allegedly served the council with a notice indicating that its account was in arrears of about R1.3m, despite the council maintaining that it has continued to make monthly payments and has not defaulted on its obligations.
Ngwenya states that the council’s legal representative, Moeit Kanyane, subsequently sent a letter to City Power demanding an explanation for the increased billing as well as the findings of the investigation, but no satisfactory response was received.
“City Power has failed to share the results of the investigation into the malfunctioning replacement meter and has failed to provide an opportunity for the council to make representation in respect of meter readings and invoicing.
“Further, despite numerous requests, while the council continues to await the results and full report, City Power has refused to provide an undertaking, in line with the law, that it will refrain from attempting to disconnect its electricity.”
Ngwenya says City Power continued to issue threats to disconnect the council’s electricity, even as it continues to pay its invoices, placing its operations at significant risk and creating ongoing uncertainty for staff and stakeholders.
“Approximately 100 employees are at the premises daily, and about 60 people visit the walk-in centre each day. The premises constitute the council’s national nerve centre.
“A termination of its electricity would render it inoperable and unable to service its members, impacting labour processes under way within the road freight and logistics industry, as well as the IT systems that facilitate them.”
Ngwenya states that City Power is acting unlawfully by demanding continued payment while failing to address the council’s concerns or provide the outcome of the investigation, effectively leaving the organisation in limbo.
The only remedy available to the council is a court order to prevent disconnection and compel City Power to release the findings of its investigation, he argues.
“The council has exhausted every reasonable effort to procure an undertaking that City Power will not terminate the electricity supply. There is no other satisfactory remedy,” the affidavit reads.
City Power is yet to file responding papers. However, City Power spokesperson Isaac Mangena said the utility is aware of the dispute and has contacted the council’s legal representative.
“This application was received only last week, and their dispute is based on estimated charges derived from a newly installed electricity meter. We are yet to attend to the estimated readings,” he said.
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