Municipality in Court for Water Cut to School with 500 Learners

A Johannesburg High Court judge, acting Judge Zubair Khan, has ruled in favour of the John Martin Catholic School in Krugersdorp, bordering the Mogale City Municipality, to immediately restore the water supply that was cut off in April. The school had filed an urgent application, stating that nearly 500 learners and staff had to fetch water from a nearby church for ablution purposes as reported by the Swisher Post.

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Despite opposition from the municipality, Judge Khan expressed concern that the matter involved the constitutional rights of children, which the municipal manager and attorneys did not take seriously. He has directed them to file affidavits explaining why they should not personally bear the application costs and reported the advocate representing the municipality to the Legal Practice Council for misconduct during the proceedings.

The judge’s ruling highlighted that the school served underprivileged children in an impoverished area and charged modest fees of only R4,000 annually. There had been ongoing disputes over the water bill, and the municipality demanded money for estimated consumption readings and other charges without proper explanation.

During the court proceedings, the advocate for the municipality, Emmanuel Sithole, displayed agitated behaviour, leading Judge Khan to question the municipality’s seriousness in addressing the issue. The judge ordered the city to produce all municipal accounts from 2017 and requested the legal manager attend a follow-up court session for possible resolution.

Unfortunately, the municipality failed to comply with the orders, leaving the school complex. The judge criticised the attorneys for not attending court and treating their role as mere intermediaries. He emphasised that the municipality had distanced itself from its constitutional obligations, leading to the school’s offer to pay R400,000 immediately in protest.

Judge Khan directed the municipality to restore the water supply to the school without delay and instructed the school to take legal action within 30 days to resolve the billing issues. He also ordered the municipality to rectify the school’s account, removing certain charges, including those that had become prescribed.

The judge granted the school’s application punitively and directed the attorneys and city manager to submit affidavits explaining why they should not be personally held responsible for the application costs. The ruling serves as a crucial reminder of the importance of constitutional rights and obligations in matters affecting educational institutions and underprivileged communities.

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Photo: Facebook / @Swisher Post