The City of Joburg is adopting a zero-tolerance policy to illegal connections to its services, and is prepared to go ‘scorched earth’ against businesses that do so.<\/p>\n\n\n\n
The city said that it has spent the past few months implementing “level 3” disconnections at businesses that have been illegally tapping into its services.<\/p>\n\n\n\n
Level 3 disconnections are when the city not only disconnects the offender but also removes all of its infrastructure from the property, including water meters.<\/strong><\/p>\n\n\n\n Its Credit Control Policy also enables the city to disconnect services, demand full payment of arrears plus any illegal reconnection penalty fees to be paid before services will be restored.<\/p>\n\n\n\n Kgamanyane Maphologela, said the city is now targeting suburbs and businesses where illegal connection is rampant and is fully applying its Credit Control and Debt Collection Policy.<\/p>\n\n\n\n \u201cThe city is losing a substantial amount of revenue due to illegal connections of services,\u201d Maphologela said. <\/p>\n\n\n\n The city is owed over R40 billion in debt.<\/p>\n\n\n\n In the coming days and weeks, the city will intensify its blitz against illegal connections of electricity and water services citywide, he said.<\/p>\n\n\n\n According to the City\u2019s Credit Control Policy, illegal reconnection and or tampering with water or electricity supply is a criminal offence. <\/p>\n\n\n\n The city is empowered to take legal action against offending customers, and has warned that it will not hesitate to do so.<\/p>\n\n\n\n It will be looking to lay criminal charges<\/strong> or effect arrests<\/strong>, impose hefty fines<\/strong>, and immediately disconnect electricity and water supply<\/strong> to those who illegally connect themselves to services.<\/p>\n\n\n\n “All property owners who are struggling to service their accounts for various reasons should approach the city to avoid being cut off and arrange to sign an Acknowledgement of Debt (AOD),” it said.<\/p>\n\n\n\n Unlawful tactics<\/strong><\/p>\n\n\n\n The city’s blitz to secure the debts owed to it and to cut off illegal connections has pushed the city itself into murky territory.<\/p>\n\n\n\n At the end of August, the City of Johannesburg Chief Financial Officer, Tebogo Moraka\u200b, said that motorists could now be stopped at a Johannesburg Metropolitan Police Department (JMPD) roadblock and approached by the city\u2019s revenue team if they have unpaid rates and taxes \u2013 including water, lights, and property taxes.<\/p>\n\n\n\n While the JMPD is not involved with the tax collection aspect of these roadblocks, the legality of having the city involved in the roadblocks at all has been brought into question.<\/p>\n\n\n\n In theory, motorists would be pulled over at a roadblock to check licences and outstanding fines as per usual. While there, however, drivers would be approached by city officials looking to engage them over any outstanding debts, and to get them to sign an AOD.<\/p>\n\n\n\n Legal experts said that the city has no legal standing to use roadblocks for this purpose, saying the inhibiting the right to freedom of movement in this context is limited to the JMPD’s processes.<\/p>\n\n\n\n Other legal views have pointed out that even the AODs signed by motorists willingly at these roadblocks may be invalid, as they may have been signed under pressure or out of fear, with motorists not understanding their rights in the situation.<\/p>\n\n\n\n The city has responded to claims of illegality by claiming that motorists stopped at the roadblocks have the right not to engage with city officials and can move on when the JMPD processes are complete.<\/p>\n\n\n\n
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