Johannesburg - Mere days after the latest petrol price increase, Joburg residents and motorists are in for another shocker.
The City of Joburg (CoJ) plans to post finance officers at “certain” roadblocks in an effort to collect outstanding revenue for water, rates and electricity.
The condemnation was swift and it was harsh with attorneys saying the planned move is “absolutely illegal and unconstitutional”.
Motorists, attorneys and the Organisation Undoing Tax Abuse (Outa), slammed the plans.
Outa CEO, Wayne Duvenage said he believed the JMPD would use their Number Plate Recognition technology at these roadblocks, which would be linked to the CoJ’s outstanding billing information system.
As for when all this will happen, and whether anyone will be arrested for non-payment, the director: communications and stakeholder engagement group finance at the CoJ, Kgamanyane Maphologela said: “You will know when it has started. We will communicate. We can’t share the logistics.”
A statement issued by the MMC for Finance, Councillor Dada Morero, said these finance officials would be equipped to engage with residents on outstanding fees.
They will have the capability to help residents with queries and enter into automated Acknowledgement of Debt (AoD) agreements. They will also be able to help with automated reconnection of services for disconnected residents who pay their bills or enter into an AoD.
While the CoJ admits the move is going ahead, it hit back at what it called the “DA’s misinformation regarding its debt collection strategy.”
In a recent statement, the DA alleged that the CoJ intended to use the JMPD for the collection of municipal service debts at roadblocks.
Morero said the City currently employed an array of well-considered credit control initiatives and campaigns, encouraging residents with outstanding municipal debt to settle their accounts in relation to the services they have consumed.
“The undeniable reality is that, like other municipalities across the country, the CoJ relies on financial contributions from all its ratepayers to facilitate the construction, maintenance, expansion of infrastructure and the continued provision of essential services. This objective is realised through a robust credit control approach. Revenue collection efforts by the finance officials will be performing the above tasks and not JMPD officers as alleged.
“It is important to emphasise that revenue collection, for municipal services, is a collective effort from all units and departments within the CoJ. It is undertaken by revenue officials and the participation of JMPD officers is not out of the ordinary, as it involves curbing acts of lawlessness that are evidenced by illegal connections to the City’s services; and illegal reconnections by residents and businesses after disconnections have been undertaken by the City’s officials following credit control processes.”
Criminal attorney, advocate William Booth, said the move was illegal.
“What are they going to do? Arrest people? If people have not paid their electricity, it is not illegal as it is not a crime – it could be a civil debt where the municipality can issue summons and the resident can defend the case in the civil court. If they arrest anyone for this, those people can sue the police or traffic authorities for unlawful arrest and detention,” Booth said.
Another attorney, who spoke to Independent Media on condition of anonymity, said: “They can’t do that. It’s ridiculous. The CoJ needs to follow due processes to recover outstanding revenues. You need an arrest warrant. You can’t just arrest people for outstanding utility bills. The city has other ways to go after non-payers. This is not a banana republic.”
One motorist, who spoke with Independent media said: “It’s unlawful. You can’t use a national prescript for a provincial by-law. Payment of utilities is a local by-law. Car registration can only be used for traffic offences. National Road Traffic Ordinances are for traffic violations and infringements – not for payment of utilities.
“Your car cannot be impounded if you didn’t pay your utilities. So it’s an invasion of your privacy to take your car registration details to use for anything except a traffic violation or criminal act or aiding or abetting a scheduled crime. Non-payment of utilities is not a scheduled crime. Hence legislation is prescribed and proscribed for a specific purpose to protect our common law rights against abuse. Offending ratepayers who don’t have car number plates/cars are exempt from this stupid idea. They are desperate for solutions, and we refuse to be their targets. Offenders driving company or hired cars will be exempt?”
Another did not hide her dismay and had some choice words: “It’s the ANC government all over again. They make a royal f@&ck-up of everything and then want the citizens to be used to fix their mess. They are lazy and only good at squandering money but when the sh#t hits the fan, we must jump in. It’s five nos from me. They must do their work, fire the thieves, clean up their municipalities and start running our city with competent and honest people. Lord, they make me sick to the gut.”
Another added: “Maybe the process will work. If I’m a defaulter and my car gets stolen, then at least there is a chance of catching the thieves in the roadblock.”
Morero added that within the City’s Department of Public Safety, existed a dedicated unit responsible for addressing matters related to by-laws, notices, fines and enforcement, collaborating closely with both municipal and other relevant courts to ensure procedural compliance.
“The city is currently looking at increasing the resource capacity of this unit to curb instances of by-law infringements, illegal connections and illegal reconnections. The unit’s capacity with regards to delivering notices will also be enhanced.
“This initiative will undeniably help with law-enforcement and revenue enhancement, while also curbing the need to use third party companies to deliver notices to residents and businesses. In light of the increasing challenges faced by staff when collecting revenue, either from residents’ places of employment or residences, the multi-disciplinary credit control teams, comprising the Revenue Department, City Power, and Joburg Water, will be bolstered by the presence of JMPD officers to ensure their safety while executing revenue collection duties,” he said.
Morero added that rather than engaging in political rhetoric, the DA would be better served supporting the City’s efforts to address the nearly R48 billion debt encompassing rates and taxes, sewage, electricity and water charges – a financial burden that is ultimately unsustainable.
But Duvenage said even if motorists were behind on their electricity, water, or rates bills, Joburg residents didn’t have to stick around at roadblocks to speak to CoJ finance officials. Duvenage added that motorists could not be detained or forced to pay anything at these roadblocks.
“Once the JMPD has done their bit with the motorist and cleared them (ie no warrants of arrest for traffic infringement and no invalid vehicle or driving licence issues), the motorist is free to go. We can’t see the JMPD being allowed to hold the motorist back while the CoJ collections department wants to have a discussion with them. The motorist can simply refuse to engage with the CoJ officials,” Duvenage said.