The City of Joburg is on an aggressive campaign to get defaulting ratepayers to pay up and have plans to collect its outstanding debt at Joburg Metro Police run roadblocks.
These plans were revealed recently by City Manager, Floyd Brink who told the Daily Maverick about the City of Johannesburg's plans to bolster the Joburg Metro Police Department (JMPD) for utility bill debt collection.
This strategy even includes the use of JMPD roadblocks to aid in the collection process and is seen as an attempt by the City to meet its ambitious R80.9 billion budget.
Joburg Metro Police Department spokesperson, Xolani Fihla said that they were aware that the City had plans to rope in metro police officers to assist with revenue collection.
However, he said it was not yet being done.
“As the city manager mentioned (the plans), that means that the city is going in that direction, but before it can be implemented, the proper equipment and also linking up systems with revenue as well needs to be provided. So it has not started yet, but it is the direction that the city's going,” Fihla said.
Asked if the JMPD had the capacity and manpower to assist with revenue collection, Fihla said: “Only once the systems have been put in place will we be able to determine if we have enough manpower”.
The approach to go after errant ratepayers at roadblocks has, however, angered the Democratic Alliance (DA).
The DA Shadow MMC for Public Safety, Michael Sun, and Shadow MMC for Economic Development, advocate Andrew Marais, have voiced their strong reservations about this revenue collection approach.
Marais stated: "The City's proposed tactic of employing JMPD as debt collectors for utility bills raises serious legal and ethical concerns.”
He further elaborated on a 1995 Constitutional Court ruling which deemed it unreasonable to detain or imprison debtors for non-payment. Such actions were found inconsistent with the Constitution, particularly infringing on the right to freedom as per the Bill of Rights.
Marais added, "It is unclear what purpose could be served using the JMPD in this manner, as its members cannot enforce payment under the threat of detention nor can they initiate court proceedings, a function which is reserved for a sheriff. Moreover, setting up roadblocks for what would be an unlawful purpose could be challenged and the City sued for any damages caused by the delays and inconvenience to members of the public which would inevitably ensue.
“The emphasis was laid on the importance of following proper legal channels when pursuing outstanding payments for utilities. Such claims should be pursued through a lawful civil process, with enforcement only taking place upon the granting of a court judgment in favour of the City, executed by the court-appointed sheriff.”
Sun highlighted that the JMPD does not have the legal authority to detain or inconvenience motorists at roadblocks for unpaid utility charges, unless backed by valid court orders.
He added, "Any allocation of City’s resources or funds toward such an endeavour would be unauthorised, fruitless, and unlawful expenditure."
Sun warned against any attempts to mask these actions as traffic management or enforcement operations, stating it would be a blatant breach of the law and open to legal challenge.
The DA, while recognising the importance of revenue collection, urged the City to uphold the principles of due process and lawfulness. They believe residents, businesses, and motorists should not be subjected to such “dubious methods” proposed by the City.
The City of Joburg has also gone after its own staff in recent weeks.
It has taken stringent measures to recover outstanding municipal debts, collecting a total of R13.2 million from its councillors and permanent employees who had fallen into arrears.
As of July 31, 2023, and in a determined effort to recover the debt, the City deducted over R7 million directly from the salaries of those councillors and employees lagging behind on their municipal bill payments.
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