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One of the latest Mzansi legal sagas includes a Midrand resident’s attempt to keep her taps running – despite dodging her municipal bill for nearly two years.

On 4 September, Acting Judge Johan Beyers dismissed Nompumelelo Given Khanyeza’s case with costs. Khanyeza, a resident of the posh Kyalami Estate, had boldly taken the City of Johannesburg (CoJ) and Joburg Water to court, demanding her water be reconnected. Her argument? That access to water is a constitutional right, and the city’s decision to disconnect her supply was a violation of it.

But the Johannesburg High Court wasn’t having it. After ignoring her municipal dues for years – and only rushing to the courts in July after her water was cut and the meter removed – her argument didn’t hold much water.

The City of Johannesburg, in a statement, didn’t mince words either, pointing out that the “affluent” resident had failed to make any meaningful payment on her account in years. The judge, unimpressed, sent her packing.

“The City of Johannesburg has won another significant court case, this time against a resident of an affluent northern suburb who last made payment towards her municipal bill almost two years ago,” it said in a statement, per The Citizen.

According to the court papers, Khanyeza owed the city and Joburg Water just a little over R200,000.

The resident wanted the court to declare the water disconnection and removal of her water meter “wrongful and unlawful and in violation of her basic constitutional rights to have access to water”.

“She wanted the court to direct both the city and Joburg Water to install a new water meter and restore her water supply within 24 hours,” the statement said.

Khanyeza didn’t outright disagree that she owes the city for municipal services, but she did say the amount she owed was off, claiming she rather owed somewhere around R87,000.

The city and Johannesburg Water opposed the application, arguing that the resident was a “chronic defaulter” and last made a payment to the municipality on 21 October 2023.

“The respondents [City of Johannesburg and Johannesburg Water] have given the applicant [the resident] several pre-termination notices, including, at least, notices on 8 August and 8 November 2023, respectively. These are all dated in excess of a period of 14 days prior to the alleged discontinuation date of 2 July 2024.

They argued that they were within their rights to enforce the legislatively sanctioned credit control measures, which included the right to discontinue the water supply to the resident’s property and to remove the water meter, said Judge Beyers while delivering the judgement.

Water is technically a human right, but in this system, you have to pay to live.

[source:citizen]