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The Democratic Alliance (DA) will be writing to KwaZulu-Natal (KZN) Co-Operative Governance and Traditional Affairs (CoGTA) MEC, Sipho Hlomuka, to question the fairness and legality of uMgungundlovu District’s so-called “revenue enhancement programme”.

The DA in KZN is currently gathering evidence and seeking legal advice to challenge this programme which we believe is illegal and not compliant with legislation in terms of Chapter 9 of the Municipal Systems Act (MSA). This is resulting in the unfair disconnection of residents and businesses within the District, as well as inconsistent application of the uMgungundlovu Debt Collection policy.

Chapter 9 of the Act empowers municipalities with the powers to implement credit control and debt collection mechanisms. The Act stipulates that the municipality must, amongst others;

• Establish a sound customer management system that aims to create a positive and reciprocal relationship between persons liable for these payments and the municipality, and where applicable, a service provider
• Establish mechanisms for users of services and ratepayers to give feedback to the municipality or other service provider regarding the quality of the services and the performance of the service provider and
• Take reasonable steps to ensure that users of services are informed of the costs involved in service provision, the reasons for the payment of service fees, and the manner in which monies raised from the service are utilised.

This last point, where the consumption of services has to be measured, also indicates that the municipality must take reasonable steps to ensure that the consumption by individual users of services is measured through accurate and verifiable metering systems.

In addition, it must also ensure that persons liable for payments receive regular and accurate accounts that indicate the basis for calculating the amounts due. This must be done through the provision of accessible mechanisms for those persons to query or verify accounts and metered consumption, and appeal procedures which allow such persons to receive prompt redress for inaccurate accounts.

The municipality must also provide accessible mechanisms for dealing with complaints from such persons, together with prompt replies and corrective action by the municipality, provide mechanisms to monitor the response time and efficiency in complying with other provisions of the Act and provide accessible pay points and other mechanisms for settling accounts or for making pre-payments for services.

Billing and metering in uMgungundlovu is in an abysmal state. This has been confirmed by a DA survey, with hundreds of responses, as well as oversight inspections to a number of municipalities. Regrettably, uMgungundlovu is not a unique phenomenon in KZN, with most municipalities in the province unable to get this basic function right.

The DA in KZN will continue to fight for good governance and the fair treatment of all residents, particularly the poor and vulnerable. The “spaza shop” governments of the ANC are causing unnecessary suffering, anxiety and loss.

Where the DA governs, we get things done and we bring positive change to all communities. Residents who have experienced unfair or incorrect billing related issues in uMgungundlovu or who would like to add their voice to the DA’s challenge must please email: localgovernment@dakzn.org.za

Issued by The DA