CoJ’s ‘Abuse of Power’ in Billing Disputes Sparks High Court Backlash

In a scathing judgment, the Johannesburg High Court has lambasted the City of Johannesburg (CoJ) for its “abuse of power” in handling customer disputes over billing and utility disconnections. Acting Judge C Badenhorst highlighted the detrimental impact of the city’s “robust yet unprincipled debt collection practices,” which he described as unfair and harmful to ratepayers.

Judge Badenhorst noted that CoJ’s actions often force customers into prolonged and expensive litigation, a burden many cannot afford. Despite repeated court rulings against its practices, the city continues to demonstrate indifference to legal accountability.

Unchecked Power and Dysfunctional Administration

The judgment reveals persistent issues in the CoJ’s administrative and legal processes, with Judge Badenhorst warning of the “corrosive impact of unchecked power.” The city’s legal representatives and advisors have frequently pursued baseless arguments, further escalating disputes instead of resolving them.

“This indifference to accountability not only burdens ratepayers but also undermines public trust in the administration,” Badenhorst stated.

Key Cases Highlighted

The ruling addresses three urgent cases where the CoJ disconnected or threatened to disconnect utilities despite unresolved billing disputes:

1. Erf 784 Robindale Five (Pty) Ltd: The court ordered water supply restoration and warned the CoJ against further utility disconnections.
2. Ordicode (Pty) Ltd: A building housing 200 students faced electricity termination, prompting court intervention to protect tenants’ rights.
3. Hyde Park Gardens (Pty) Ltd: The CoJ was found in contempt of a previous court order, resulting in further sanctions.

The judgment is a wake-up call for the CoJ to reform its billing and debt recovery processes. Judge Badenhorst emphasized the urgency of addressing systemic flaws to ensure fair treatment for customers.

In a groundbreaking move, the court has demanded that:

• CoJ attorneys and legal advisors justify their actions or face sanctions, including personal cost penalties.
• The city leadership, including the executive mayor and city manager, respond to the court’s criticism within 30 days.

Failure to comply could lead to further legal and financial consequences.

This judgment adds to a growing body of court decisions criticizing the CoJ. The repeated failings in its administrative processes highlight the need for immediate and decisive remedial actions.

For residents and businesses in Johannesburg, this ruling brings hope for greater accountability and fairness in resolving disputes with the city. However, sustained pressure from both the courts and the public will be crucial to ensure lasting change.

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