Ratepayers threaten legal action on water, sanitation problems

FED-UP Chris Hani ratepayers have thrown down the gauntlet, giving the municipality 30 days to sort out its water and sanitation problems or face legal action.

The Concerned Community Forum in the Chris Hani district municipal (CHDM) area had its lawyers deliver a letter to the municipality on Thursday. Among the issues raised are:

● Communities not being consulted during the drafting of the credit control, debt collection and debt write-off policy;

● Water leakages that go for months on end; and

● A raw sewage spillage into the Fish River in Cradock since last year.

The forum represents Molteno, Sterkstroom, Hofmeyr, Tarkastad, Dordrecht, Khowa (Elliott), Engcobo, Cala, Cofimvaba, Tsomo, Cacadu (Lady Frere), Komani, Whittlesea, Cradock and Middelburg.

The Daily Dispatch has a copy of the letter, penned by Koos Moolman of Metcalf & Co, with Moolman confirming he had written it on the instruction of the forum, his client.

“There was no public participation in the drafting or acceptance or approval of the [credit control, debt collection and debt write-off] policy,” he said.

Moolman referred the municipality to the case of Borbet SA (Pty) Ltd and others versus Nelson Mandela Metro. In this case, he said, the court found that in failing to ensure meaningful and effective public participation in the preparation and adoption of an annual budget, the metro had failed to comply with its constitutional and statutory obligations.

“Because of such failure, the whole document should therefore be set aside. We note from the cover page of the document that it was adopted on May 24 2017 .... We however note that on page one of the very same document it states the council’s approval date as June 30 2014,” he wrote. unresolved

The letter said water meters were not read regularly and in some areas not at all. The forum demanded that all water meters be in working condition and readable.

“Should estimates on previous months’ consumption be used, this should be disclosed in the accounts,” the letter reads.

The forum was perturbed that there was no public participation in the determination and fixing of tariffs for water consumption, it adds.

The letter was addressed to mayor Kholiswa Vimbayo, municipal manager Moppo Mene, chief financial officer Nomfundo Fetsha and engineering services director Makhaya Dungu. “Our clients have had no input in the determination of the tariffs charged for water consumption they request ... [and a] detailed breakdown of the costs involved in the rendering of the [service],” it says.

The forum claimed CHDM did not have an official receipt book to record cash payments, and wanted to know how cash payments were handled and recorded. It said interest had been charged on settled accounts. Due care should be taken in delivering water services in light of the current drought facing the province.

The forum accused CHDM of not maintaining water-providing systems, not repairing leaks leading to huge quantities of water going to waste, and deliberately neglecting reports made on raw sewerage leaking into the Fish River in Cradock.

“If all issues mentioned herein are not addressed to the satisfaction of our clients within 30 days ... [our] clients will approach the relevant legal forum,” the letter concludes.

The letter was written in terms of Section 3(1) and (2) of the Institution of Legal Proceedings against certain Organs of the State Act 40 of 2002. Moolman said this section allowed the letter to be regarded as sufficient notice should the forum wish to take action against CHDM.

CHDM had not responded to questions at the time of going to print. —