Joburg Advocacy Group (JAG): 2016

Friday, 8 July 2016

RESIDENT ALERT: MUNICIPAL BILLING


A landmark case heard recently in Gauteng means that your municipality now has to prove your bill is correct (more here) - it can't just demand that you pay inflated and/or incorrect bills.

"The important precedent set by this case (Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg) is that, in meter disputes, it is not the consumer’s responsibility to prove that the charges billed are wrong or based on a non-functioning meter. It is rather the municipality’s responsibility to first prove that the charges are correct and/or based on a functioning meter. Once a consumer has logged a revenue-related query based on justified inferences that the billing is wrong, the burden rests on the municipality to investigate the issue, and the meter, if necessary."

This is a big step forward in dealing with the on-going problem of incorrect municipal bills in the City of Joburg.

Thanks to Schindlers Attorneys for the information.

Monday, 11 April 2016

RESIDENT ALERT: LOCAL GOVERNMENT ELECTIONS

IMPORTANT INFORMATION FOR VOTERS (via EWN, 10 April 2016):

"The IEC says 15.9 million addresses are missing from its database. Please check if your details are captured correctly." Even people who registered a month ago may be affected.

In order to check the status of your voter information, SMS your ID number to 32810. You will receive a reply confirming your registration and voting station, and possibly get a second message to say that the IEC doesn't have your address.

If your address is not on the voter's roll or if you're not registered and would still like to do so, please go to any IEC office to do the necessary.



JAG contacted the IEC to ask whether voters with incomplete address records would be permitted to vote and received the following response at 13h20:

You are asking a very fundamental question – which is exactly the question on which the Electoral Commission is seeking clarity from the Constitutional Court in our appeal which is scheduled for hearing on 9 May.

The Electoral Commission strongly believes that being compelled to remove registered voters for whom we do not have addresses in our possession will deny them their Constitutional right to vote. But we await the guidance from the Constitutional Court on this issue – which we hope to receive soon.

In the meantime, we do not want to merely sit back and wait for the outcome. Having up to date and accurate address information for voters is a legal requirement and enhances the accuracy and credibility of the voters’ roll – and thereby the integrity of the elections. For this reason we are urging all voters for whom we do not currently have address details on record to please use this weekend’s registration opportunity to update their address details at their voting station.

As this information only came to light for many voters after this past registration weekend, we have subsequently requested a response on two further questions and will advise the IEC's feedback once this has been received.

UPDATE (Monday, 18 April 2016):
Regretfully, we have received no response to the further questions posed to the IEC last week, and there is still no clarity as to whether the problem with address details on the voters' roll will have any influence on voters' right to vote.

The most recent update on TimesLIVE gives an indication of where things stand at present.