IN THE SOUTH GAUTENG HIGH COURT (JOHANNESBURG) CASE NO: 2011/46597 PIHNO: 0 JOHANNESBURG, 15 December 2011 BEFORE THE HONOURABLE JUDGE SPILG In the matter benween:~ le 7 PROPERTY OWNERS AND MANAGERS U- V8 i ASSOCIATION i 1" Applicant AFHCO HOLDINGS [PTY] LIMITE Dez; eeeune 20 2 _tpplicant AFHCO PTY LIMITED PS applicant ITHEMBA PROPERTY TRUST 3[PTY] LIMITED 4" Applicant CIRCLEVEST SECURITISATION [PTY] LIMITED 5 Applicant BORWA FINANCIAL SERVICES [PTY] LIMITED 6" Applicant JIKA PROPERTIES [PTY] LIMITED 7 Applicant MOOSILK INVESTMENTS [PTY] LIMITED 8" Applicant AMBER MOUNTAIN INVESTMENTS [PTY] JLIMITED 9” Applicant NEWPORT REAL ESTATE [PTY] LIMITED 10" Applicant ZAHAVI ESTATES CC 11" Applicant OTHER MEMBERS OF THE FIRST APPLICANT LISTED IN ANNEXURE; A’ 12" Applicant and CITY JOHANNESBURG METROPOLITAN MUNICIPALITY I Respondent CITY POWER JOHANNESBURG {PTY] LIMITED 2" Respondent JOHANNESBURG WATER (PTY) LIMITED 3° Responitent PIKITUP JOHANNESBURG [PTY] LIMITED $" Respondent EXECUTIVE MAYOR OF JOHANNESBURG MPHO PARKS TAU 5" Respondent CITY MANAGER TREVOR FOWLER 6" Respondent ACTING MANAGING DIRECTOR, CITY POWER SICELO ZULU 7" Respondent ACTING MANAGING DIRECTOR JOHANNESBURG WATER MANU PADIAYCHE 8" Respondent ACTING EXECUTIVE DIRECTORS OF REVENUE , CITY OF JOHANNESBURG GERALD DUMAS 9" Respondent HAVING read the documents filed of record and having considered the matteBY AGREEMENT BETWEEN THE PARTIES, IT IS ORDERED THAT:- 1 Inthe exercise hy the City of its rights and duly to collect revenue 1 collect reveante land disconnect service through due process that is fair and transparent, the Respondents undertake, pending the final determination of Part B of this Novice of Motion, that they shall not terminate the supply of electricity and: or water to properties within its jurisdiction unless it has complied with each of the following, ‘requirements LL 13. 14, 16 47, Charges in respect of electricity and water on the relevant consumer's municipal accounts must have been accurately calculated accordiny to actual and regularly updated reading and/ or reliahle estimated meter readings prepared and issued hy the City of Johannesburg and/ or its municipal entities, where reliance is placed on estimated meter readings (or combination of aennil and estimated meter readings), estimated meter readings must not have heen used for any period longer than six conseeutive months the consumer must been furnished on a regular basis with an aceurete and reliable statement of account hy the City, showing the «anownt owing to it, together with a computation of how such amounts are made up. carreetly recording all charges payable t0 the City or its entities and all payareuts ‘made by the account holder «ud any eredits due; such account must either have een posted or delivered ta the relevant consumer at the consumer's nominated billing address, failing which a copy ‘mist have heen delivered to the property, alternatively the accom: iuust have heen e-mailed and’ or faxed to the consumer, alternatively copy of the account must have been made available to the consunier vie ahe City's website: The Civ must have given the consumer 14 days from date when i sends its statement to pay in respect of the account rendered to the client. uiid the City ‘may nor disconnect unless the consumer failed to make payment ssithin chat time or to make other payment arrangements to the satisfaction of the Cits: te City must have sent a notice of demand to the consumer in respect of the amount actually and legally outstanding in terms of the accu have given the consumer fourteen days to pay. dnd its may not disconnect services unless the consumer has faited to make such pavment or has fated 1 make other suitable payment arrangement 10 the satisfaction of the City within that specified time: and mist where « consumer has logged « query or complaint in relation to the account 10 the effect that itis overcharged by the City in any respect whatsoever. the City may not undertake the process of threatening ur wilerisking disconnection of service subject to. compliance with the processes set out in hed ret Control bylaws, which shall include the follow: consumer must continue to pay the average of the preceding three quonths accounts that are not in dispute and «ll subsequent Sadisputed charges levied;1.7.2. the consumer's query must be considered by the City, and 1.7.3. proper notice must be given to the consumer of the outcome: and 1.74. If the query is found to lack merit, the constaner nust be allowed the applicable period of time within which the consumer ix entitled 10 Iodge an appeal, and where an appeal is lodge. such appeal anust Be allowed to run its course and the query and/or appeal must have heen resolved in favour of the City before it ts eutitled ta disconnect 1.8 all notices must have been given to the consumer at the appropriate address referred 1 in paragraph (1.4) hereof above; 1.9. notice nmust have been given 10 each occupant of the property, at such proper, of the impending service termination, in compliance with the requirements specified in the judgement of the Constizuiomal Cour in Joseph and Others v City of Johannesburg and Others 2010 (4) SA 35 (CC) amd 1.10. the discomneetion of water supply shall be undertaken in a matter which docs not deprive cach affected houschold of its entitlement to the continued aid unincrrupted supply of the minimum basic allowance of 61100 litres: per month free of charge. 2 The costs of Part A shall be reserved for determination by the Court when deciding Part B. 3. This matier is postponed sine die. BY THE COURT