Westville Ratepayers Association vows to continue oversight after court ruling
Image: Tumi Pakkies/ Independent Newspapers
The Westville Ratepayers Association (WRA) say they will continue to push for oversight in the eThekwini Municipality despite the Durban High Court dismissing their application to declare he rates charged for the financial years from 2005 to 2008 unlawful and not due to the municipality.
According to the municipality the application was occasioned by an investigation report commissioned by the WRA which found that the municipality did not comply with all relevant legislation which required it to publish the rates promulgation in the Provincial Gazette.
The municipality stated that they disputed this and contended that it had complied with the Municipal Finance Management Act (MFMA) and published the promulgation in the Gazette.
According to the municipality, the Judge who presided over the case on Tuesday stated that this assertion was not disputed by the applicant.
'Furthermore, the Judge said that leaving aside that the application was based on a meritless investigation report, I disagree with the applicant that the municipality was obliged to comply with all relevant legislation in promulgating rates,' the municipality stated.
Reacting to the judgement, eThekwini Municipality Mayor Councillor Cyril Xaba, said the municipality welcomed the judgement as it demonstrates the city's commitment to conduct its business within the framework of the law.
'Residents must rest assured of our commitment to run a clean, accountable and transparent administration,' said Xaba.
Xaba added that he strongly believed in the constructive resolution of disputes and that if residents are not satisfied with the manner in which the municipality runs its affairs, his door remains open for engagements.
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Asad Gaffar, the chairperson of the WRA and the eThekwini Ratepayers Protest Movement (ERPM) said they were disappointed but undeterred by the recent dismissal of its main application regarding the rates promulgation matter.
Explaining further, Gaffar said that although the WRA's application to strike out certain contentious portions of the City's answering affidavit was however successful, it ultimately did not sway the result in the main application.
'Despite the outcome in the main application, we remain committed to championing good governance, ethical leadership, and curbing fruitless and wasteful expenditure. The municipality's infrastructure continues to deteriorate at an alarming rate, with water loss reaching a staggering 58%.'
Gaffar went on to state that the 2025/2026 budget is unrealistic, unachievable, and unaffordable. Gaffar said that public participation was inadequate, rendering the process a mere formality.
'We welcome the mayor's open door policy and agenda for renewal, but actions speak louder than words. Ratepayers deserve transparency, accountability, and effective governance. We will continue to hold the city accountable and advocate for the responsible management of our resources,' Gaffar stated.
Gaffar further stated that the absence of a cost order against the association acknowledges the public interest in this matter.
'The outcome is neither a win for the city nor is it a loss for the Westville Ratepayers Association. Together, we can demand better governance and ensure our city's resources are used effectively,' Gaffar said.
zainul.dawood@inl.co.za
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