A court order was issued on Friday last week, compelling the Makhado Municipality to reconnect the electricity supply of members of the Soutpansberg Ratepayers Association (SRPA).

This after the legal teams of the municipality and the SRPA reached a settlement before court proceedings started during which the SRPA aimed to get an interdict to stop the municipality from cuttings its members’ electricity supply. The municipality was ordered to comply with its undertaking to reconnect the electricity supply of SRPA members who would continue to “make payments as set out in their founding affidavit.”

The founding affidavit explained that the SRPA had declared a dispute with the municipality in August 2008 and that the dispute had not been resolved. The total amount appearing on the municipal accounts is paid into a trust fund, after which certain components are paid over to the municipality. The full component of the electricity consumption is paid over to the municipality.

The municipality was ordered, pending the finalisation of the application, not to terminate services of current members of the SRPA, subject to their continuing to make payments as set out in their affidavit to the court.

The three respondents, who are the Makhado Municipality, municipal manager Mr Shadrack Tshikalange and Mr R Radzilani, were ordered to file their responding affidavit (if any) on or before 24 February.

The applicants, who are members of the SRPA, may file their responding affidavits thereafter. If an opposing affidavit is filed, the matter may be set down on the Opposed Motion Roll. If no opposing affidavit is filed, the applicants may set the application down on the unopposed roll.

The application is expected to be finalised in March.

The court order reads that the costs of the urgent application of 3 February are reserved.

Municipal spokesperson Mr Louis Bobodi declined to answer questions on the agreement to reconnect the electricity supply or on who was going to take the financial responsibility for all the costs incurred.

“The matter is still sub judice as both parties still have to meet at the High Court before the end of February,” Bobodi said on Tuesday.

“The agreement is a victory for service delivery and a giant leap for justice,” was the response of SRPA executive committee member Ms Jana Smith on Friday.

“This agreement is very positive for the fight for service delivery, but we will have to see the reaction of the municipality as the case progresses. It is fantastic that the court order was proposed by the advocate of the municipality. We are very satisfied,” said Mr Jaap Kelder, chairperson of the National Taxpayers Union (NTU) where the SRPA is affiliated.

Kelder said that the advocate for the applicants, Adv Denny du Preez, would come on board for the appeal to the Constitutional Court in the case of Rademan vs Moqhaka Municipality in Kroonstad. In the Rademan case, the Supreme Court of Appeal ruled in favour of local government. “In our appeal to the Constitutional Court, we want to raise the important issue of disputes due to non-service delivery,” Kelder said.

In the meantime, the SRPA has approached President Jacob Zuma, the Public Protector, the Auditor General and the MEC for Local Government and Housing.

“The Makhado Municipality … is taking vengeance on the people who have declared a dispute, as appears clearly form the application documents. The cutting of electricity while the consumption has been paid, is unlawful, causing harm and disorder contrary to the interest of the public in the Makhado Municipal area,” the SRPA writes through its attorney. An investigation was requested to ascertain, among others, “whether any person can be held responsible for this chaos and possible misappropriation of public funds.”