Tshwane welcomes court ruling against Zambezi Retail Park Centre
The City of Tshwane has welcomed the Supreme Court of Appeal’s judgement, which set aside an order by the Gauteng Division of the High Court, interdicting the City from implementing its Credit By-Laws and terminating the electricity supply to the Zambezi Retail Park Centre.
The ruling refers to a case where a Sectional Title Unit owner approached the court after the City disconnected electricity supply in April 2022 due to the continuous failure by the Body Corporate to pay for services.
In court, the City contended that the High Court order was incompetent because an owner of a Sectional Title Unit in the Body Corporate of Zambezi Retail Park is not entitled in law to receive electricity in an individual capacity and the High Court’s order impermissibly interfered with the constitutional obligation on the City to ensure the collection of revenue for services it provided.
The Supreme Court of Appeal upheld the arguments and found that the High Court should not have granted the interdict.
The judgment confirmed that the obligation of customers to pay for services rendered and failure to pay empowers the City to enforce its Credit Control By-Laws.
The SCA also confirmed that Sectional Title owners cannot hide behind a dysfunctional Body Corporate to compel the City to provide services to which Sectional Title owners will not ordinarily be entitled to.
City spokesperson Lindela Mashigo said it is critical that Body Corporates ensure that their affairs are properly managed and if it is not properly managed.
"Sectional Title Unit owners must take recourse against the Body Corporate in terms of the applicable laws governing the functioning of Sectional Titles in the country.The City is also calling on all customers, both business and residential, who are in arrears to settle their outstanding bills or make payment arrangements to settle as soon as possible.
"To initiate a payment arrangement, a customer must pay 30-percent of the outstanding debt and pay monthly instalments of the remaining amount together with the current account due.
"The City of Tshwane would also like to commend those customers who settle their bills on time. Your commitment to fulfilling your financial obligations contributes to the overall wellbeing of our communities” he said.
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