Newsletter - April 2009
May 18th, 2009
April 2009
Dear member
Umgeni Water have notified us that on Thursday 14th May from 08H00 until 16H00 there will be no supply of water to Zinkwazi due to scheduled maintenance. Please advise your tenants and staff accordingly
I wish to share with you the serious situation we are facing with regard to non-performance of our municipality. Most residents are totally unaware of the lengths and effort involved in maintaining an acceptable standard of service delivery for the village. Frequent communication and endeavours to resolve problems through meetings, telephone calls and letters to KDM are to no avail. Most issues brought to their attention over the past two years have not been resolved despite constant reminders. Commitments from local authorities are not honoured, workmanship is shoddy and tasks left incomplete. Letters go unanswered and phone calls not returned……the list goes on!
Another critical concern is crowd control at Festive Season. Mid-year discussions are necessary in planning for this potential disaster. Each department is asked to uphold their particular by-laws to ensure order. How disappointing that despite the promises and assurances that January 1st. 2008 and 2009 would be well controlled, there was no intent or delivery on the day.
We have come to a point where more stringent action must to be taken to galvanize our KDM into action.
The attached media release outlines the action of Sannieshof. Please read the letter as similar action may have to be contemplated by us in Zinkwazi. Supporting Jaap of Sannieshoff and other across the country in their legal battle is the first step to making municipalities accountable. We are asking for your agreement to register you, as a member of the National Tax-payers
Please advise me if you are not in agreement with this proposal
The letter follows…….
Media Release issued by the National Tax-payers Union
April 28th 2009
A WATERSHED FOR THE RIGHTS OF RATEPAYERS
It is a well-known fact that service delivery is close to collapse in most municipal districts in South Africa. It has also been believed that there is little or nothing that the ordinary ratepayer or taxpayer can do about this. This is about to change..
Over the last few years, 21 towns have embarked on a pro-active course where they have paid their municipal rates into a trust account . Another 230 towns are in the process of implementing the same action.
The withholding of the monies is done under the common law principle of “contractus non adempleti “ ie. when one party to a contract does not perform, the other party is not under an obligation to perform. The undertaking of services by the residents themselves is under under the common law principle of “negotiorum gestio” where, when the owner of a property does not maintain a property, the tenant ( residents) can maintain the property and recover the costs from the owner
However, these actions are about to be put to the test. The North-West Province town of Sannieshof, where services collapsed completely two years ago, declared a formal dispute with their council in November 2007. They notified the municipality that certain residents would be paying their rates into a trust account, and in accordance with the dispute, waited on the municipality to rectify matters. When the municipality after a given time period failed to respond, the tax payers started implementing the services themselves by utilizing the withheld funds.
The guiding force behind this dispute and protest action has been the National Taxpayers Union (NTU). The success story of Sannieshof – where the town services function appreciably better than they did under municipal supervision - has made the town the poster-child for civil action.
The municipal council of Sannieshof, instead of working towards improving defective municipal services, has instead decided that it will take the matter of municipal disputes to court. The ruling in this case will decide for once and for all if pro-active action by ratepayers is legal under South African law. It must be stressed that citizen actions in withholding funds across the country has never been tested in a court before, and the outcome of this case is going to have a profound effect on municipalities across the country.
If the Sannieshof council wins the case, it means that rates and taxpayers in South Africa have no legal recourse against poor or non-existent service delivery. If the Sannieshof residents, backed by the National Taxpayers Union, win the case, it means that all citizens of South Africa can legitimately withhold their rates from municipalities if they are not happy with the way their towns or cities are being run. As can be seen, the ramifications are immense.
The Sannieshof council will, ironically, be using tax-payers money to fight this case against tax payers. The NTU will be fighting this case using money raised from people who believe in civil liberty. It is vitally important that all ratepayers’ associations, citizen organisations and private individuals support the NTU in this test case. If every ratepayer in South Africa contributed R20 per annum or R100 for a five year membership towards this pivotal matter, it will provide the funding to ensure the best legal representation possible. That contribution will be the best investment that a ratepayer can ever make, as it could prevent future abuses of ratepayers’ money by local municipalities.
Any individuals, organisations or civil bodies who wish to support the NTU in this crucial test action must please contact their local ratepayers associations who can in turn contact NTU chairman Jaap Kelder at info@zanli.co.za Anybody wishing to contribute directly to the NTU can pay their contributions directly into the bank account of the National Tax Payers Union , First National Bank, Account number 6211 203 4921 with their name and town as a reference.