Tired of CoJ behaving ‘like thugs’

He’s been in a battle with the City of Johannesburg (CoJ) since the billing crisis started about seven years ago. It flared up again when Joburg Water disconnected the water to his property two weeks ago.

Siva Pillay, a Florida resident with a business in Maraisburg calls CoJ “a bunch of thugs”, saying “they have no regard for the law” after disconnecting his services and failing to settle out of court.

In September 2009 a disputed account, based on overestimates, had escalated to an outstanding amount of R46 818. Pillay, who has paid by debit order since he moved to Florida 22 years ago, immediately cancelled the debit order, refusing to pay bills based on estimates. He lodged a dispute through the official channels. He approached the National Consumer Commission (NCC) in Centurion with his complaint and dispute, but after months of preparing and presenting documents – which CoJ had failed to do – he said, “the NCC failed to make a finding or finalise an outcome”.

He next approached Municipal Property Solutions in May 2014, also to no avail. Pillay finally turned to his lawyers, Lazzara Leicher Incorporated (LLI), to take the matter to court.

In letters LLI had drafted and which Pillay provided to the Record, CoJ was informed that their client never received actual readings for his electricity and water usage. In June last year LLI requested “a proper, detailed statement” of Pillay’s account to be used in a looming court case. Another letter LLI had sent later that month stated Pillay’s intention to settle with CoJ outside of court, which the municipality agreed to as its preferred course of action.

“Our client is prepared to settle your client’s claim by paying the sum of R30 000 in full and final settlement of all alleged outstanding amounts, inclusive of interest and legal costs,” it stated.

However, there was no progress with the settlement, Pillay said. Last September, out of the blue, the municipality disconnected his property from the electricity grid and removed the water meter. Another series of phone calls and emails were exchanged between Pillay, his lawyers and the City’s representatives, Munnik Basson Dagama Incorporated (MBD) as well as the legal adviser of the City’s Revenue & Customer Relations Management department.

Pillay reconnected his water supply illegally.

“No notice of disconnection was given to me, I had refused to pay the account that was and still remains in dispute and it is against the law and unconstitutional to completely refuse a person or family access to water; water is a basic human right,” Pillay said in defence of his actions.

“At this point my lawyer recommended we bring an urgent application in the high court to reinstall the water meter and supply, based on the fact that the matter is in dispute and we are awaiting a reply to our settlement proposals,” Pillay told the Record.

“Unfortunately, that route would cost a substantial amount of money, after which we’ll have to apply for a punitive cost order against CoJ.”

Two weeks ago, the municipality removed the illegal connection. Since then not so much as a trickle came from the Pillays’ taps. On 5 April MBD advised LLI that they had requested CoJ to reconnect the services on the property and flag the disputed account. CoJ allegedly was attending to the reconnection, but could not provide a turnaround time. Many frantic phone calls between Pillay and Joburg Water have not resolved the issue. He allegedly got mixed messages – he either was told ‘it’ll happen today’ or ‘we won’t reconnect you at all’.

On Wednesday 13 April CoJ’s legal advisor, Tuwani Ngwana again confirmed with Pillay that his water will be reconnected. He communicated the municipality’s stance that Pillay is expected to pay his account monthly until they are able to confirm a date of debatement to prevent future disconnection.

All parties mentioned above have been approached for further comment on the matter.

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