City of Joburg's R10 million fine against Waterfall Estate declared unlawful
In a pivotal judgement delivered recently by the South Gauteng High Court in Johannesburg, significant financial penalties exceeding R10 million levied against Waterfall Estate have been declared unlawful.
The case arose from what the court deemed questionable practices employed by the City's Johannesburg Water, which had aggressively enforced hefty fines for alleged improper water meter installations and illegal connections.
The court ruled in favour of Waterfall Country Estate, Waterfall Schools, and Waterfall Fields, who filed legal action challenging the legitimacy of the fine impositions.
The extensive penalties consisted of more than R1 million for Waterfall Country Estate, over R2 million for Waterfall Schools, and fines amounting to R3 million and R4 million against Waterfall Fields respectively. These imposing figures sparked outrage and concern, as they were labelled by the plaintiffs as a misuse of authority lacking proper procedural backing.
Judge Stuart Wilson, who presided over the case, categorically stated that the fines did not comply with the municipality's stipulated water services by-laws. In his comprehensive judgement, Judge Wilson emphasised that municipal penalties cannot be enforced arbitrarily and must adhere to established legal protocols.
The ruling marked a significant stand against the excessive use of municipal fines without due process, declaring the penalties as ultra vires—meaning they had exceeded the City's legal authority.
Further scrutiny revealed that the municipal officials charged with issuing these fines did so without the requisite authorisation, further undermining the enforcement actions taken by Johannesburg Water.
The judge also issued a stern admonition to Johannesburg Water regarding its inadequate preparation leading to the court hearing. He dismissed Johannesburg Water's last-minute application for postponement, criticising its failure to establish urgency concerning the case.
A critical element of the ruling mandates Johannesburg Water to correct the municipal accounts for the implicated estates within a strict deadline of 30 days. The order also explicitly prohibits the City from disconnecting essential services to the Waterfall Estate properties, providing much-needed relief to the affected residents and businesses.
Additionally, the court has placed an interdict on the metro, barring it from pursuing any debt recovery or remedial actions against Waterfall Country Estate, Waterfall Schools, and Waterfall Fields.
Nestled alongside the bustling Mall of Africa in Midrand, these developments now find themselves vindicated against what has been described as predatory fine practices by Johannesburg Water.
sinenhlanhla.masilela@iol.co.za
IOL News
Get your news on the go, click here to join the IOL News WhatsApp channel.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
20 hours ago
- IOL News
High Court ruling highlights police incompetence in wrongful arrest case
A rape suspect will be paid R350,000 after police effected a warrantless arrest on mere suspicion nearly a year after the incident occurred and in the absence of further evidence. Image: AI / RON A rape suspect will get paid R350,000 by the Police Ministry following a high court order in which the man sought relief for his wrongful arrest. This comes after police effected the warrantless arrest of the man on mere suspicion nearly a year after the incident occurred, and in the absence of further evidence, which had eventually been added after his arrest. In the High Court of South Africa at the Gauteng Division, Johannesburg, Judge Stuart Wilson had harsh words for the Minister of Police - a respondent in the matter - after the rape suspect proved to the court that he was wrongfully arrested. The man was arrested on suspicion in August 2018, having been accused of raping a nine-year-old girl. The incident allegedly occurred a year prior, in September 2017. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading The child's older sister reported to police that the minor girl had told her that the suspect had put his penis in her vagina while they were both at a friend's house the year before. The sister had stated to the police before the arrest, relaying what the girl had told her. The suspect was arrested on August 9, 2018, while the minor girl was examined by a medical professional on August 10. The examination confirmed injuries to the girl's vagina consistent with penetration and was confirmed not to be recent, which was consistent with an attack on the girl some months before. The girl herself gave a statement to the Soweto Family Violence, Child Protection and Sexual Offences Unit on August 11, 2018, in which she said she had been raped. She identified the suspect as the perpetrator. Court documents read: 'At the point of arrest, only (the sister's) statement was available to the police. Both the report on (the minor victim's) medical examination and her statement identifying the suspect were only generated after the arrest. (The arresting officer) did not say, in his evidence-in-chief, that he had seen the sister's statement. What the officer did say was damning. He said that he did not need a suspicion of any sort to arrest the suspect. All he needed was an instruction from his unnamed colleagues that the suspect had been accused of a serious offence, together with the sister's identification of the suspect.' During lower court proceedings, the suspect was eventually granted bail on August 24, 2018. On October 1, 2018, the case against him was provisionally withdrawn. Since then, prosecution has not commenced further. Judge Wilson said: 'The most unfortunate feature of this case is that a wrongful arrest claim has been sustained in circumstances where the arresting officer ignored or did not take the necessary steps to obtain objectively available material that would have allowed him to form the reasonable suspicion necessary to effect the arrest lawfully. 'By failing to acquaint themselves fully with the material that was available on 9 August 2018 (the date of arrest), and perhaps also by refusing to wait for more evidence to become available, (the arresting officer), together with whomever directed him to arrest the suspect on the evening of 9 August 2018, acted with gross incompetence. 'The cost of that incompetence sounds not just in the award that I am now duty-bound to make, but in the anguish undoubtedly caused to (the minor girl and her sister), both of whom the justice system has plainly failed. Whomever the assailant was, nowhere near enough was done to bring them to justice in a manner consistent with the applicable law. We must do better than this,' said Judge Wilson.
The Citizen
a day ago
- The Citizen
One murder, two court cases: chaos at Cape Town court
Five people are facing charges related to the murder of a retired teacher. The brutal kidnapping and murder of a retired teacher has caused confusion at the Cape Town Magistrates' Court. On 27 October 2024, Alison Dewar's body was found, stabbed to death, outside Philadelphia. Five people are facing charges related to the crime. But they are being tried in two separate cases, by different prosecutors, and investigated by different police units. There appears to be no communication between the teams. GroundUp has established that the current prosecutors in each case were unaware of the other case. Four people are charged with kidnapping, murder, theft of the victim's car, and defeating the ends of justice. But a fifth person has been charged with theft in a separate case. In November 2024, the state told the court it wanted to merge the two cases. ALSO READ: 'I was terrified' – Joburg woman recounts chilling driveway hijacking and kidnapping (VIDEO) But nine months later, this has not happened, and both cases have continued in parallel, and the merging of the cases has not been mentioned again. The police investigations have been beset by delays and inefficiencies, including delays in obtaining a postmortem report. The investigating officer in the murder case was reassigned to a less senior sergeant, with no explanation provided. In the car theft case, the accused appeared in court twice before an investigating officer was finally assigned and a docket was produced. Both cases have been postponed several times and will need to proceed to trial soon or risk being struck off. Dewar was a retired teacher who volunteered as a maths tutor at Rainbow of Hope, a non-profit organisation. A teacher at the organisation who worked with her, Shayner-Lee Wiese, told GroundUp she has little confidence in the state. 'This case is being handled as if it's not serious,' said Wiese, who has been attending the court hearings. 'Alison was someone who was committed to helping and caring for children. Does her death mean nothing?' Murdered for R5 000 Four days after her body was found, the police recovered Dewar's vehicle, a red 2024 Hyundai Creta, from the house of second-hand car salesman Obina Ugwuoke, who was arrested. Police then arrested Chukwudi Stanley and Isaac Okeowo, who were allegedly involved in stealing the car and selling it to Ugwuoke. Another person was also arrested, but charges against him were later withdrawn. A couple from Bellville, Marlon and Riani Macalagh, was also arrested. It is alleged that Dewar was murdered by the Macalaghs, who sold her car to a man called CJ for R3 000 in cash plus R2 000 worth of drugs. CJ is alleged to have sold the car to Ugwuoke for R20,000. Stanley apparently acted as a middleman for CJ, and Okeowo negotiated the price on behalf of Ugwuoke. CJ is said to have fled to Johannesburg and is still at large. It is unclear whether any attempts have been made to arrest him. First court appearance On 4 November 2024, the suspects appeared in court for the first time. Five of the accused – Stanley, Okeowo, the Macalaghs and the fifth man against whom charges were later withdrawn – were taken to the Atlantis Magistrates' Court. This was because the murder case was opened at the Philadelphia police station, which falls under Atlantis. They were charged with kidnapping, murder, theft and defeating the ends of justice. The court ruled that the case should be transferred to the Cape Town Magistrates' Court because the investigation was being led by the provincial Serious and Violent Crimes unit based in Cape Town. READ MORE: Three men found guilty for murder of would-be state witness Meanwhile, Ugwuoke was enrolled in a separate case from the other accused, and he was taken to the Cape Town Magistrates' Court, where he was charged with theft of the car. It emerged in court that no investigating officer had been assigned to the case. It was only at his third court appearance that an investigating officer was assigned, and the docket was finally disclosed to the court. Neither the Saps nor the NPA answered questions from GroundUp on why there were two separate cases for the same crime. Chaos in the court Both cases appeared before Magistrate Theart in the Cape Town Magistrates' (District) Court on 11 November. When Ugwuoke appeared in court, prosecutor Oliver Bulana told the court that his case would be added to the main murder case with the other suspects (but nine months later, this has not happened). There was still no docket, and no investigating officer had been assigned. Nonetheless, the court proceeded with bail proceedings, and Ugwuoke was released on bail for R10000. When the five accused in the murder case appeared later in the day, chaos ensued. The prosecutor told the court he was not sure what the next steps were in the case and that he would have to take instructions from a senior prosecutor. Senior prosecutor Johan Swart then came to address the court. READ MORE: DA accuses Saps of 'dismissive attitude, rudeness and lack of empathy' at police stations It emerged that the magistrate in Atlantis had used the wrong forms to transfer the case to the Cape Town Magistrates' Court – the forms said the matter was transferred to the regional court rather than the district court. So Magistrate Theart adjourned the matter, saying that the case could not appear before her in the district court. Late in the afternoon, the matter appeared in the Cape Town Regional Court before Magistrate Amori Graf, and the case was postponed. Two court appearances later, a bail hearing was held on 28 November, by which time charges against the fifth accused had been withdrawn. The Macalaghs decided not to apply for bail, but Stanley and Okeowo did apply, and they were released on R5 000 bail each. After the bail hearing, the senior investigating officer was reassigned and replaced by a junior colleague – a sergeant at the serious and violent crimes unit. Several postponements In the following months, there was a series of postponements in both cases. In the Ugwuoke car theft case, the matter was postponed five times between January and August this year. In March, the state said they were waiting for cellphone records to be analysed, and in June, the state said further evidence had to be obtained because there was a USB drive that had become corrupted. At the most recent court appearance, on 14 July, the trial was set down to begin in the regional court on 28 August. In the murder, kidnapping and theft case where the other four stand accused, the matter was postponed four times between February and August. READ MORE: Police can't say why they let an alleged rapist off the hook In April, the prosecutor told the court that they were still waiting for the postmortem report, about six months after the murder. Marlon Macalagh also applied for a bed at Valkenburg Psychiatric Hospital to be assessed to determine if he is mentally fit to stand trial. On 22 July, he was still on the waiting list. Only after his medical report is received will the trial be able to go ahead. This reporter asked the prosecutors in each case if they were aware of the other case. Both answered no. Neither the NPA nor Saps responded to GroundUp's questions. This article was republished from GroundUp under a Creative Commons license. Read the original article here.
The Citizen
a day ago
- The Citizen
RAF payout murder lands MP man behind bars for 25 years
Sibuyi was found guilty of five charges, including murder and robbery with aggravating circumstances. He might not have imagined a future behind bars, but Present Sibuyi will have to face that reality after he was sentenced to 25 years direct imprisonment for murder. The High Court in Mbombela, Mpumalanga, recently found the 31-year-old guilty of five offences in connection with the brutal killing of Nonewell Nkuna, 33, over allegations relating to a Road Accident Fund (RAF) payout. The charges include murder, robbery with aggravating circumstances, kidnapping, possession of a prohibited firearm, and possession of ammunition by the High Court in Mbombela, Mpumalanga. Sibuyi ambushes deceased The conviction follows an incident that occurred on 6 January, when Sibuyi and an unknown accomplice followed Nkuna and other victims from Mbumber Taven in Buyisonto, Bushbuckridge. National Prosecuting Authority (NPA) regional spokesperson Monica Nyuswa said the pair ambushed Nkuna and company at gunpoint when they stopped their vehicle on the side of the road. Sibuyi and his accomplice forced them into the car; they followed them in and drove to a secluded location. Nkuna declared dead at scene 'During the ordeal, Sibuyi accused one of the victims of having received an RAF payout, robbed them of a cellphone and R1 800 in cash, and fired multiple shots at them,' Nyuswa said in a statement on Friday. ALSO READ: Three men found guilty for murder of would-be state witness Nkuna died at the scene from gunshot wounds to the head and hands, as confirmed by the post-mortem report. Guilty plea In court, Sibuyi admitted his actions were unlawful and entered into a Section 105A plea and sentence agreement with the state. The agreement allows the accused to negotiate a resolution with the state without having to go to trial. State Advocate Fedile Tsotetsi argued that the murder was premeditated and committed violently without any provocation. 'The court accepted the plea and imposed the sentence,' Nyuswa said. 'The NPA remains committed to ensuring that perpetrators of violent crimes face the full might of the law and that justice is served for victims and their families,' she added. In addition to the 25-year term, the court declared Sibuyi unfit to possess a firearm in terms of Section 103 of the Firearms Control Act 60 of 2000. NOW READ: Mozambican traditional healers arrested in for kidnapping, muthi murder
