Staff Reporter
A TOTAL of seven Windhoek residents have taken the City of Windhoek’s municipal council to court over the alleged payment of phantom bills, in which they claim that they have been charged for utilities they did not consume.
The plaintiffs, represented by Henry Shimutwikeni & Co Inc legal practitioners, listed the City of Windhoek (CoW), its management committee members, the Electricity Control Board, and the Ministry of Urban and Rural Development as some of the respondents in the matter.
In the particulars of claim, dated 12 September, the plaintiffs cited that the City of Windhoek municipal council does not do water meter readings to ascertain the actual water consumption but simply relies on estimations that exceed a period of 12 months.
Further to this, the plaintiffs claimed that as a result of the First Defendant’s conduct, they have been subjected to being charged exorbitant amounts occasioned by the unlawful practice of estimating water consumption and the amounts in penalties and charges for alleged water leakage, which did not occur.
“The First Defendant has subjected the Plaintiffs to incurring costs in respect of water consumption, irrespective of the fact that the Plaintiffs make use of pre-paid water tokens,” the court documents detailed.
The First Plaintiff, a certain Ms. Beukes, who has the highest debt, alleged that on or about November 2023, the City of Windhoek disconnected the water and electricity supply to her house in Katutura, Windhoek, due to alleged arrears in municipal bills amounting to N$ 413,242.55.
Beukes claimed that a certain Ms. Bock, employed at CoW’s debt relief department, verbally informed her that she must pay the amount of N$ 14,000.00 for the water and electricity supply to be reconnected. On or about 14 May 2024, Beukes made payment in the amount of N$ 14,290.34. After payment of the N$ 14,290.34, only the water was reconnected and not the electricity. It is further detailed in the particulars of the claim that representatives of the CoW verbally informed Beukes that an additional payment of N$ 50,000.00 was required as a penalty for an alleged illegal electricity connection.
Beukes, however, maintained that she does not have an illegal electricity connection at her property and that she was additionally not informed of any penalty fees on previous enquiries. Subsequent to the payment, the water and electricity supply was then reconnected until the 30th of May 2024.
The services were, however, again allegedly disconnected due to the penalties for illegal connections and the amount due, which stood at N$ 406,181.50.
The First Plaintiff’s water and electricity services have been disconnected since May 2024 due to alleged arrears of N$ 406,181.00. Beukes is now forced to make use of solar electricity, gas, and firewood. Furthermore, during or about July 2024, Beukes said that she received a statement from CoW for municipal bills in the amount of N$ 6,012.27 for the month of July 2024. The statement indicates water consumption of 5,000 cubic meters; however, no water was consumed by the Plaintiff during this period.
After enquiring with CoW, Beukes was informed that the water bill may be increasing due to an alleged water leakage.
The aggrieved plaintiffs are thus seeking a court order that the City of Windhoek provide the first plaintiff, Beukes, with a full monthly statement via post, online, or via email; an order that CoW provide a detailed report on how interest is calculated when services of the First Plaintiff are disconnected; and a declaratory order whereby the CoW’s practice of water consumption estimation is declared contrary to Section 30 of the Local Authorities Act, Local Authority Act 23 of 1992.
AGRIEVED: file photo for illustrative purposes only.
