Abuse of power slated

JUDGE: CITY ‘UNCHECKED’, ‘INDIFFERENT’ TO CUSTOMERS AT THEIR MERCY

- Roy Cokayne

The City of Joburg (CoJ) and the lawyers and legal advisors it uses in disputes with its customers over alleged account arrears and the disconnection of utility services have been lambasted in a Johannesburg High Court judgment.

Acting Judge C Badenhorst referred in a judgment handed down on Monday to the "abuse of power resulting from robust yet unprincipled debt collection practices" by the City of Joburg.

He said the cases considered in his judgment "reveal the continued corrosive impact of unchecked power on the CoJ's collective practices".

"Additionally, it underscores how a specific group of lawyers, frequently retained by the CoJ, persistently pursue unmeritorious arguments, undeterred by the facts of the individual cases.

"This culminates in unnecessary high court litigation for those few who can afford to seek relief, while many less fortunate customers no doubt remain at the mercy of an indifferent officialdom," he said.

"Consequently, severe financial burdens and hardship are imposed on customers and ratepayers."

Badenhorst said the CoJ must urgently address and rectify "this pernicious practice and its underlying causes to ensure a fair and just administrative process for all its customers and ratepayers".

‘Disturbing’

He said it was disturbing that despite the same disquiet having been expressed in no fewer than six judgments, "the city officials and their legal advisors (who are once again involved in the cases under consideration in this judgment) appear to treat this court's concerns with disdain".