By: Natasha Archary
The Democratic Alliance (DA) in Gauteng has condemned the unlawful debt collection strategy of the City of Joburg at JMPD roadblocks.
Over the weekend, hundreds of Johannesburg motorists voiced that they felt harassed and violated when they were stopped at a roadblock on Jan Smuts Avenue and asked to provide proof that their municipal bills were up-to-date.
City of Joburg’s Chief Financial Officer, Tebogo Moraka says this is the only way to resolve the unpaid accounts as residents are not paying their municipal bills
According to Moraka, JMPD officers will not be arresting motorists for unpaid municipal bills, but the City’s finance teams will be present at some roadblocks to urge indebted residents to settle their bills.
However, in a joint press statement, DA Councillors Michael Sun and Andrew Marais have expressed their dismay at the COJ’s approach to fulfilling the ANC’s ambitious R80.9 billion budget.
“As far back as 1995, the Constitutional Court ruled that it was unreasonable to commit to detention or to imprison debtors who do not pay their debts and declared provisions in the Magistrates Courts Act which allowed for such committal or imprisonment to be inconsistent with the Constitution and thus invalid.
In particular, it offended the right to freedom enshrined in the Bill of Rights.
It is unclear what purpose could be served using the JMPD in this fashion as its members cannot enforce payment under the threat of detention, nor can they initiate court proceedings, a function which is reserved for a sheriff.
Moreover, setting up roadblocks for what would be an unlawful purpose could be challenged and the city sued for any damages caused by the delays and inconvenience to members of the public which would inevitably ensue.”
The DA says it’s imperative that the proper legal channels are followed when pursuing outstanding payments for rates, taxes, water, electricity, and other utilities owed by residents or businesses.
Councillor Sun emphasizes that JMPD lacks the legal mandate to detain or even inconvenience motorists at roadblocks for unpaid utility charges, unless there are valid court papers ordering such action.
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