In a recent court ruling, the High Court in Pretoria ordered the Department of Water and Sanitation to provide detailed water usage statements to farmers in Limpopo province. The farmers, represented by Sakeliga, TLU SA, and six farming enterprises, had approached the court to challenge the department's attempts to recover outstanding water rates. The department had been trying to recover debt that was over three years old through debt collectors and attorneys.
The farmers argued that water usage fees for commercial irrigation and other commercial purposes are subject to a three-year prescription period, as they are considered ordinary debt. They also claimed that the department had failed to provide clear and verifiable invoices, making it difficult for them to determine their actual water usage and the rates applied. The court heard the application on August 11 and delivered its judgment on September 17.
Although the court refused to grant a declaratory order on the prescription period, it ruled in favour of the farmers on the department's failure to provide proper accounts. The court ordered the Director-General of the department to provide detailed, itemized statements, along with all relevant invoices, to the applicants within 60 calendar days. The court found that the department is obligated to provide verifiable source and proof documents, such as clear invoices, to consumers.
According to the court, these documents must be of a standard that enables farmers to accurately verify their actual water usage, the rates applied, and the measurement period. The department's failure to provide such documents had made the daily operation of the farms uncertain and unpredictable. The farmers had argued that the lack of clear invoices had also made it impossible for them to determine whether the rates were based on actual water usage.
The court's ruling is a significant victory for the farmers, who had been struggling with the department's attempts to recover outstanding water rates. However, Sakeliga expressed disappointment that the court did not grant a declaratory order on the prescription period. According to Sakeliga, such an order would have prevented the department from continuing to use unlawful practices to recover disputed water rates that had already prescribed.
The department's attempts to recover outstanding water rates had caused significant stress and uncertainty for the farmers. The court's ruling has provided some relief, but the farmers will continue to pursue the issue of the prescription period on appeal. Sakeliga emphasized that farmers, companies, and other entities must receive clear and verifiable water accounts, and that unclaimed amounts cannot be pursued indefinitely.
The court's ruling has implications for farmers and other consumers of water services in South Africa. It highlights the importance of transparency and accountability in the billing and collection of water rates. The Department of Water and Sanitation must now provide detailed water usage statements to farmers, which will help to ensure that they are charged accurately and fairly for their water usage.
Key points
- The South African court has ruled that the Department of Water and Sanitation must provide detailed water usage statements to farmers in Limpopo province.
- The court's ruling is a significant victory for the farmers, who had been struggling with the department's attempts to recover outstanding water rates.
- The department's failure to provide clear and verifiable invoices had made the daily operation of the farms uncertain and unpredictable.
