High Court suspends Matjhabeng’s 25% water tariff increase – Business Forum’s fight succeeds

Water tariff increase

High Court suspends Matjhabeng’s 25% water tariff increase – Business Forum’s fight succeeds


MATJHABENG – Community Forum calls for tariff reversals, corrected municipal accounts and formal disputes over incorrect charges

The Matjhabeng Community Forum has welcomed the Free State High Court’s decision to suspend the municipality’s 25% water tariff increase pending the final determination of the Forum’s review application.

The interim ruling follows concerns raised over the municipality’s Integrated Development Plan (IDP), budget and tariff-setting processes. The Forum says these concerns were repeatedly brought to the attention of Matjhabeng Council, with DA councillors raising questions about alleged irregularities before the matter was taken to court.

The Forum said the case demonstrated the importance of elected representatives, residents, businesses and community organisations using the available platforms to hold the municipality accountable.

“This is what Matjhabeng needs: elected representatives, residents, businesses and community organisations each using the platforms available to them to hold the municipality accountable,” the Forum said.

Residents face ongoing billing problems

The organisation said the tariff dispute must be viewed against the broader difficulties experienced by municipal account holders.

Residents, it said, continue to face incorrect and estimated water accounts, unresolved billing disputes, accumulating interest and, in some cases, the threat of disconnection while disputes remain unresolved.

Although the court has suspended the increase, the legal proceedings are not yet concluded. The Forum said it would now pursue Part B of its application and seek final relief.

In the meantime, it intends to press for suspended tariff increases that have already been billed to consumers to be written back, with affected accounts corrected. It will also seek the reversal of the water flat rate in cases where the municipality cannot demonstrate that it was lawfully imposed.

Municipal account dispute form prepared

To assist affected residents, the Forum has prepared a Municipal Account Dispute Form, which has been published with its statement.

Residents experiencing incorrect water charges, estimated readings, disputed interest or unresolved account corrections are encouraged to complete and submit the form to formally record their objections.

The Forum urged residents to retain proof that their forms had been submitted.

“Residents need practical assistance now,” it said.

Businesses urged to lodge formal disputes

The Forum has also called on business owners to review their municipal accounts and formally dispute any charges they believe are affected by the suspended tariff increase or other unlawful billing.

It referred businesses to Section 102(2) of the Municipal Systems Act, which it says provides protection against credit-control measures or disconnection where a formal billing dispute is pending. The Forum is encouraging businesses to participate in a consolidated Section 102 dispute process linked to the High Court proceedings.

According to the Forum, the process is intended to require the municipality to reverse the 25% increase on affected business accounts and to protect businesses against disconnection while the review application is being considered.

The Forum described the court’s decision as significant for Welkom’s business community, but stressed that its practical effect would depend on residents and businesses taking steps to enforce their rights and ensure that the municipality complies with the ruling.

It called on business owners to review their latest municipal bills, identify any disputed increases or unapproved basic water charges, and submit the prescribed dispute template to the Municipal Manager, with reference to the High Court order.

The Forum said a united response was necessary to ensure that the ruling was implemented and that businesses were not exposed to what it described as retaliatory disconnections.

You do not have any protection against credit control if you do not comply with the law. The Business Forum has attorneys on standby to assist if council decides to implement the credit control policy.

Instructions for submitting the dispute form

A pre-populated dispute form has been prepared, with most sections already completed.

Residents and businesses using the form are instructed to:

  • Complete Sections A, B and F on pages 1 and 5.
  • Initial every page.
  • Sign the form where indicated.
  • Attach a copy of the court order.
  • Email the completed form and supporting attachments to the addresses listed on page 5.
  • Include supporting documentation for any additional grounds of dispute.

The Forum said submitting the form would not compromise any legal position an account holder might already have in relation to an existing dispute.

It encouraged affected account holders to act promptly and retain proof of submission.

What you need to know

High Court ruling

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

The case is not finalised

What the Forum is demanding

The Forum wants tariff increases already billed under the suspended increase to be written back and affected accounts corrected. It also wants the water flat rate reversed where its lawful imposition cannot be demonstrated.

Who can use the dispute form?

Residents and businesses with incorrect water charges, estimated accounts, disputed interest or unresolved account corrections are encouraged to complete the Municipal Account Dispute Form.

How to submit it

Complete Sections A, B and F on pages 1 and 5, initial every page, sign where indicated, attach the court order and email the form and attachments to the addresses listed on page 5.

Keep proof

Account holders should retain proof of submission and supporting documents for any additional grounds of dispute.

To obtain the dispute forms click on the QR code supplied
To obtain the dispute forms click on the QR code supplied
  • Any queries can be sent to: Info@welkombusinessforum.co.za

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