‘Unlawful electricity tariffs’
Earlier this year the association turned to the Western Cape High Court to interdict Bitou Municipality from implementing what the association has dubbed “unlawful electricity tariffs” against impoverished communities in Bitou.
The papers were filled on 25 March after public unrest earlier in the month over electricity woes. Among the concerns relate to claims that the municipality has been charging some residents double the electricity tariffs approved by the national regulator Nersa.
The association’s chair Peter Gaylard explained that the municipality is short-changing those who have fallen into arrears by 50% on their electricity expenditure and offsetting that against other arrear service charges.
Gaylard said this week that the matter, set to be heard on 14 May, has been postponed to August as the municipality has indicated it would be opposing the application, but has not filed opposing papers yet.
“This means during this period of joblessness and misery, when people are struggling to feed their families, they will continue to be short-changed on their electricity purchases, and their service debt will continue to mount,” Gaylard said.
In an effort to avoid delays, the association wrote to all the councillors on 13 March requesting that they ensure the municipality desists from continuing with the practice. “Shamefully, not a single councillor cared enough about the poor, on whose backs they sit on council, to ask for a meeting to debate the matter and take the necessary decision to bring relief, not to mention to stop the municipality’s continuing unlawful actions.”
‘Excessive salaries’
The chair said they have also launched a second application to interdict “excessive salaries” of some top municipal officials. He added they found that the maximum remuneration payable to a senior official, determined by regulations promulgated under the Municipal Systems Act 32 of 2000, is being exceeded.
Their figures are based on what the PBRA has been able to establish.
“The municipality resolutely refuses to supply the figures on an official. A demand under the Promotion of Access to Information Act, currently before court, has been uncompromisingly resisted.”
According to the association, some officials receive over R700 000 per year more than what should be paid under the regulations. This includes a R60 000 cellphone and data allowance and scarce skills allowances ranging between R245 000 and R302 000 per year.
‘Unlawful hiring of MM’
The association is also busy with litigation to overturn the hiring of municipal manager Lonwabo Ngoqo and to recover the salary paid to him so far.
The labour court found on 13 August 2019 that Ngoqo’s appointment in February last year was unlawful – after he was dismissed in 2012 over financial misconduct. The association explained that an MM found guilty by a disciplinary hearing of serious financial misconduct, must be placed on a register and is not allowed to be appointed as an MM for the next 10 years, yet this was flouted. The appointment of an MM must be approved by the relevant MEC for local government. The MEC objected to the approval but the council resisted. This forced the MEC to enforce his decision via the courts. The Bitou council has since filed for leave to appeal. The Bitou Municipality had not responded by the time of going to print.
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Source: knysnaplettherald.com