Tarica and Another v City of Johannesburg Metropolitan Municiaplity (2023/044543) [2024] ZAGPJHC 1261 (6 December 2024)

Tarica and Another v City of Johannesburg Metropolitan Municiaplity (2023/044543) [2024] ZAGPJHC 1261 (6 December 2024)

The applicants established a valid and ongoing dispute regarding the municipal account, satisfying the requirements under section 102(2) of the Municipal Systems Act. The respondent failed to discharge its burden to prove the accuracy of the charges, particularly those based on faulty or removed meters and the inflated rebill. The respondent's argument that its internal policy suspends the operation of prescription is legally unsustainable; the Prescription Act governs the running of prescription independently of municipal policies. Charges older than three years, for which no summons was issued or acknowledgment of debt made, have prescribed and are unenforceable. The respondent is...

Citation
[2024] ZAGPJHC 1261
Parties
Applicant: Anthea Verity Tarica; Applicant: Katherine Anne Gascoigne N.O.; Respondent: City of Johannesburg Metropolitan Municiaplity
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2024
Case Number
2023/044543
Procedural Posture
Opposed Motion / Final Determination of Main Application and Counterapplication
Outcome
Application succeeds; respondent ordered to rectify the municipal account and write off prescribed charges. Counterapplication dismissed.
Judges
Mahon
Legal Topics
Municipal Billing Dispute, Prescription of Debt, Municipal Services Account, Credit Control Policy, Metering Accuracy
Administrative Law Land and Property Municipal Billing Dispute Prescription of Debt Municipal Services Account Credit Control Policy Metering Accuracy

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Parties

Anthea Verity Tarica

Applicant

Katherine Anne Gascoigne N.O.

Applicant

City of Johannesburg Metropolitan Municiaplity

Respondent

Procedural Posture

Opposed Motion / Final Determination of Main Application and Counterapplication

Legal Issues

  1. 1 Whether the respondent is obliged to open a municipal account in the first applicant's name and transfer charges from the deceased's account.
  2. 2 Whether certain charges on the municipal account have prescribed and are unenforceable under the Prescription Act.
  3. 3 Whether the respondent's billing practices and disconnection of services were lawful and procedurally compliant.

Ratio Decidendi

The applicants established a valid and ongoing dispute regarding the municipal account, satisfying the requirements under section 102(2) of the Municipal Systems Act. The respondent failed to discharge its burden to prove the accuracy of the charges, particularly those based on faulty or removed meters and the inflated rebill. The respondent's argument that its internal policy suspends the operation of prescription is legally unsustainable; the Prescription Act governs the running of prescription independently of municipal policies. Charges older than three years, for which no summons was issued or acknowledgment of debt made, have prescribed and are unenforceable. The respondent is...

Court Disposition

Application succeeds; respondent ordered to rectify the municipal account and write off prescribed charges. Counterapplication dismissed.

Orders

  • The respondent is ordered to open a municipal account in the name of the first applicant and transfer all charges from the deceased's account to the new account.
  • The respondent is ordered to write off all prescribed amounts on the municipal account, being amounts older than three years as at the date of the notice of motion, which are disputed, unpaid, not summonsed for, and not acknowledged as debt.