Cape Town - A family is grappling with a water bill of R1 million from the Cape Town City Council, and their supply has been cut several times, then restored only when the Human Rights Commission intervened.
They say the arrears is not even theirs, but was racked up by the previous owner of their smallholding in Schaapkraal, Ottery.
The City has refused to budge. The Cape Times checked with it, but after three days officials said they were still looking into the matter.
Last month the Constitutional Court ruled that new property owners were not liable for municipal rates and services debts incurred by previous owners.
After his wife died 16 years ago, the now late Achmat Majiet, 84, appealed to his children to use their inheritance to purchase a smallholding they found in Schaapkraal in 2005.
His wish was for them to be together as a family and for their children to always have a place to call home for generations to come.
There are currently three generations living on the property, in eight dwellings. There are 15 families, including two pensioners, 22 adults, five toddlers, three babies and two teenagers.
Since her grandfather’s death in 2011, 34-year-old Rafiqah Majiet has taken up the matter of trying to remove the historical debt with the City.
Majiet said the family was longing for the matter to be resolved.
“We bought the land in 2005 and for two years there was no water on the property; we were getting water from the neighbouring farm.
“In that time, my grandpa and uncle were going back and forth to the City to clarify the matter but getting nowhere.
“Only in the second year did they receive their first bill and that was when they discovered that it was still listed in the previous owner’s name.
“We don’t know even how the sale went through with the debt still being there, because my grandfather did everything on his own.
“My mother and her siblings tried to go back to the conveyancing attorney once but they never got hold of him,” she said.
She said this resulted in the City cutting their water
supply many times and without
notification.
Their water has currently been cut for 13 days. “We are suffering as a family and it’s tearing us apart. Some family members are starting to feel that it was a mistake to buy this property, while others still want to fight for the dream,” said Majiet.
She said the family was frustrated and felt that their basic human right to water was being violated.
“We are very hurt. One cannot comprehend what it is like to live without water, watching our kids suffer. My 55-year-old aunt is sick.
“We are currently receiving help from family members who let us come to their houses for water - but for how long will they be able to do that?” asked Majiet.
The family has since lodged a complaint with the South African Human Rights
Commission (SAHRC).
SAHRC spokesperson Gail Smith said the matter was lodged with the commission in 2015.
“The matter is about the disconnection of water on a property due to inherited debt on the property owed to the City of Cape Town,” Smith said.
She said since it was lodged, the SAHRC had extensive engagement with the City, “including an allegations letter directed to the City, responses received, and further engagement with the City on water disconnections in September 2017.
“The SAHRC conducted a site inspection on Tuesday, September 19 and has requested a meeting with the City in order to attempt to resolve the matter. The investigation continues,” said Smith.
SAHRC chief executive Tseliso Thipanyane said everyone had a right to water. “Everyone has a right to access water. It is the government’s responsibility. If they don’t, we have to intervene.”
City spokesperson Tarryn Carelse said various departments were investigating the matter. The legal adviser on the matter was on leave so they could not provide an update by deadline.
Cape Times