Court halts Sol’s power cuts
THE SOL Plaatje Municipality has been dealt another blow in its attempts to recoup electricity rates from residents who are in debt.
Late on Wednesday afternoon, the Northern Cape High Court granted an urgent interdict to two clients, preventing the municipality from blocking their prepaid meters without following due process and ordering the municipality to unblock their meters by 7pm on Wednesday night.
This follows a similar order, granted in September, in favour of another resident who also complained that she was not given 14 days’ notice before her electricity was blocked.
All three residents were represented by Legal Aid SA.
But by yesterday afternoon, the municipality had still not reconnected the electricity meters belonging to Willie van Wyk and Thenjiwe Arries, in contravention of the order granted on Wednesday.
Legal Aid SA’s Kimberley Centre manager, Vincent Mayisela, said that the municipality would be granted leeway until Monday to do so, or the municipal manager would be in contempt of court.
The municipality, meanwhile, has until November 19 to file an opposing affidavit to give reasons as to why it should not be ordered to pay costs of the court application.
It must file notice of intention to defend itself by November 5 and the matter will be heard in December.
According to court papers, the municipality must give residents 14 days’ notice if it intends to cut off a conventional meter or block a prepaid one, in terms of the Electricity Regulation Act of 2006.
Arries told the DFA that her 10year-old child went to school in dirty clothes this week. A divorced, single mother of two, Arries was told yesterday that she could pay R960 to unblock her meter.
“But this is simply impossible,” she said, adding that she earns R1 500 a month as a home-based caregiver, with one child having recently finished school and the other of school-going age.
On Wednesday, the municipality served Arries with 14 days’ notice, but her meter had already been blocked a week earlier.
The interdict could set a precedent for other residents wanting relief from the courts after not being notified before their prepaid meters are blocked.
Mayisela welcomed the award- ing of the interim interdict and said he hoped the municipality would abide by it.
Municipal spokesman, Sello Matsie, said that the municipality would abide by the interim order, but will oppose the matter in court.
“We are of the view that adequate notification has been granted to all defaulters that their services would be suspended for non-payment.
“The matter relates only to the two applicants and not to everybody. In general terms, we have a policy to notify our clients regarding the suspension of services before such action is taken.”