Court halts Matjhabeng’s 25% water hike: the ANC’s majority cannot outvote the law

Matjhabeng water increase suspended

Court halts Matjhabeng’s 25% water hike: the ANC’s majority cannot outvote the law


MATJHABENG – The Free State High Court has suspended Matjhabeng’s 25% water tariff increase pending the final determination of the Matjhabeng Community Forum’s review application.

The Democratic Alliance (DA) said it had scrutinised Matjhabeng’s Integrated Development Plan (IDP), budget and tariff processes for months, and formally objected to items placed before council before voting against the unfunded budget.

DA councillor René Steyn said the court judgment demonstrated why scrutiny of the processes mattered.

Court judgement illustrates importance of scrutiny

Steyn said having the numbers to push an item through council by majority vote does not provide legal immunity against non-compliance with the law, and that a majority vote cannot cure a defective process or place a council decision beyond judicial scrutiny.

The court recorded concerns about the process followed in adopting the IDP and budget, and the municipality’s justification for the 25% water tariff increase.

The DA raised questions about implications for Matjhabeng’s Financial Recovery Plan, stating that if the plan’s revenue projections relied on the 25% increase now suspended by the court, those projections must be revisited.

Steyn asked what would happen to positions taken by the Department of Cooperative Governance and Traditional Affairs (COGTA) or Treasury if they gave concurrence, endorsement or assessment based on the budget and financial assumptions now under judicial scrutiny.

The DA said the suspended increase must stop, affected accounts must be corrected and appropriate credits must be passed to residents.

Accounts must be corrected

Steyn also questioned a R250 plus VAT Basic Water Service Charge now appearing on accounts, asking where the charge was specifically deliberated upon, approved and subjected to public participation.

The DA said it will demand the council record and public participation record supporting the charge. If Matjhabeng cannot prove its authority to levy the charge, it must be removed and affected residents credited, the party said.

Steyn said residents deserve a government that serves the people, and called on voters to change the council majority in the next election.

The ANC holds the majority in Matjhabeng Local Municipality council.

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