Judge rules on 'leaky debts'
On 12 October Judge Legodi gave judgment in SANCO v Capricorn District Municipality and Another, an application by the SA National Civic Organisation on behalf of residents in the Lebowakgomo area for a court order compelling the rural municipality in Limpopo to write off all water debts in the Lebowakgomo area of the municipality and charge residents no more than a flat rate of R70 a month for water until the water services infrastructure in the area is updated.
According to Cullinans & Associates, the Lebowakgomo residents had complained that the municipality was over-billing them for water. Not only was the reticulation system old and leaky but the metering system was out of date and malfunctioning. The municipality was also refusing to issue proof of residence certificates and other clearance certificates to indebted residents. Evidence from the municipality showed that about 30% of the residents were experiencing leakage and a shortage of water. In a remarkable judgment, Legodi granted the order directing the municipality to charge a flat rate of R70 and to stop refusing clearance certificates. Unfortunately, he did not disclose much of his reasoning. He disposes of the legal issue in a single paragraph, stating that it had been shown on a balance of probabilities that the water accounts issued by the first municipality were not reliable. The implications of this decision are potentially significant given the number of municipalities in the country which are burdened with old and leaky infrastructure. Cullinans & Associates