Sheriff attaches O R Tambo assets
Rival parties slam mayor for neglecting R73m water bill
WATER and Sanitation lawyers have an order for the sheriff of the high court to attach all movable assets of the O R Tambo district municipality over a R73-million debt.
Minister Nomvula Mokonyane sued the district authority after it failed to pay the R73.4-million for water used between 2011 to August this year.
AA Solwandle Attorneys issued the instruction to the sheriff on Monday but it could not be carried out yesterday.
The Daily Dispatch understands the sheriff only managed to confiscate one municipal vehicle and attach others.
He is expected to confiscate more vehicles and furniture today. Should all the cars and equipment like computers be confiscated, service delivery will dive as workers will have no tools of trade.
To try and prevent the embarrassment, the municipality has asked President Jacob Zuma, Eastern Cape premier Phumulo Masualle and Finance Minister Pravin Gordhan to intervene, mayor Nomakhosazana Meth’s spokesman Ayongezwa Lungiswa said.
Although he acknowledged the district council owed the department, he said the amount was being disputed as there was no documentary evidence.
The municipality had tried and failed to get the debt written off as 97% of the people it supplies with the water are rural and cannot pay, Lungisa said.
Judge Justice Mjali ruled on October 25 that the municipality should pay the R73 440 465.44 – plus 9% interest from summons to payment.
The municipality must also foot the bill for legal costs, Judge Mjali ordered.
The order against the municipality instructed the sheriff to “attach goods and take into execution all the movable assets executor debtor/defendant O R Tambo district municipality, Municipality House, Nelson Mandela Drive, Mthatha, to the limit of this writ in the amount of R73 440 465.44, being capital for a judgment which was handed down on October 25 in the abovementioned case together with interest if any at the rate of 9% per annum from November 25 to date as well as your costs”.
Opposition parties slammed the municipality for failing to pay the bill.
EFF O R Tambo councillor Unathi Khethwa said the council did have money but opted against paying because of the “corrupt mind” of those in power.
He pointed at the R4-billion the district authority incurred in unauthorised, irregular, wasteful and fruitless expenditure in just five years as proof. “Municipal assets being attached shows inefficiency and a lack of good governance. The services were budgeted for so the money was there but they run the institution with a corrupt mind,” he said.
The municipality has since appointed an ad hoc committee to investigate how the R4-billion was incurred.
DA councillor Thembalihle Xhangayi blasted Meth for failing to set up an arrangement with the department.
He said council had resolved in the previous term that she should do so.
“This just shows that there are no intergovernmental relations between us and the Department of Water and Sanitation and that’s worrying. If there’s no incompetency then there is a lack of a political will because this should have been resolved a long time ago.”
UDM interim spokesman Mabandla Gogo echoed Xhangayi’s words.
“We thought this was long resolved. It’s not the mayor but us as taxpayers who will pay the lawyers. This is totally unacceptable and uncalled for,” he said.
The UDM now wants answers on all debts to other service providers.
The Mthatha Ratepayers’ and Residents’ Association could not be reached for comment yesterday.
Lungisa said the department had acted prematurely and ORT’s lawyers were applying for a stay of the warrant pending the outcome of its pleas to Zuma and the others. —