Staff reporter
Bloemfontein – The Member of the Executive Council for COGTA, Ketso Makume has found himself in the middle of a garbage saga after a Free State High Court judge ordered both the MEC and the troubled municipality to cease charging Woodlands Hills refuse removal services.
Makume, according to court judgment, is cited as a second respondent due to the department being responsible for spatial planning.
This followed an application by the Hilandale Homeowners Association trading as Woodlands Hill asking the court to order the municipality not to bill if and when services are not rented.
The bone of contention in this case was whether the city has the executive authority to collect refuse and if the city has at all material times done so which is not the case.
Both the constitution and service level agreement were signed by the city and homeowners on 30 March 2004.
Section 152(b) of the constitution obliges municipalities to ensure the provision of services to communities in a sustainable manner.
What can be easily picked up, in this case, is the city is only concerned about the revenue it’s likely to lose if Woodlands residents cease to pay or pay another service provider and this, might spread to other townships as garbage collection.
ORDER
- It is declared that the Applicant shall be responsible for the removal of household refuse from Woodland Hills Township, being Bloemfontein Extension 166, situated on Portion 1 of the Farm Hillandale, Administrative District Bloemfontein, and Bloemfontein Extension 275, situated on the remainder of the Farm Hillandale 2960, Administrative District of Bloemfontein (Collectively referred to as ‘Woodland Hills Township’), to a designated landfill site in Bloemfontein;
- The First Respondent shall forthwith cease to charge fees related to refuse removal services in respect of all immovable properties situated within the Woodlands Hills Township;
- The First Respondent shall be liable for the costs of this application, which costs shall include the costs occasioned by the employment of two counsels.
Could this spiral in other areas where the Metro is unable to collect garbage? Highly possible and this will have serious ramification for the municipality.
Statement from Mangaung Metro reads.
“We hereby confirm that we instructed the attorneys of record to launch an application for leave to appeal against the aforesaid judgment.”
Addiction: Lawrance Mathae, Mangaung Metro speaker and chairperson of SALGA in the province shared his views as well.
”We are appealing this court judgement.
We met with Officials of the City yesterday and its political leadership as SALGA NEC.
If it was not poorly defended, it is possible that the judge erred in his consideration of facts and application of law.
Mathae concluded.
”If this judgement is left unchallenged, it could have far reaching ramifications of unimaginable proportions to the Local Government Sector.
It could potentially lead to a class action by unscrupulous body corporates of private developers/ estates throughout the country who would want to take up such a services.
Remember municipalities by law owns landfill sites, their bylaws empowers them to manage and regulate the use of landfill sites.
It is not a free for all environment.”
Ketso Makume, MEC for COGTA did not respond to our text.
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