The City of Johannesburg has expressed satisfaction with the Constitutional Court’s ruling holding landlords responsible for non-payment of municipal services by their tenants.
City of Johannesburg spokesperson Gabu Tugwana said the judgement confirmed that the city was applying best practises in dealing with its clients.
”This was a balanced judgement in that it strengthened the hand of the municipality and also gave something to the ratepayers as well,” he said.
A group of landlords had challenged the constitutionality of parts of laws holding them responsible for such payment. The Constitutional Court gave a single ruling in three related cases.
The court found that the law placed the risk on the owner of property if tenants did not pay for the water and electricity they used.
The judgement said municipalities are obliged to provide services in a sustainable way.
Judge Zak Yacoob, delivering judgement for the majority of the court, held that municipalities had to provide owners with copies of the electricity and water accounts sent to their tenants, if the owners asked for these in writing.
In addition, the court ruled these laws do not infringe on the constitutional rights to equality, access to housing or the right of access to courts.
Parties contesting the provisions had argued that municipalities had shifted the responsibility of debt collection to property owners.
Tugwana said the city would continue to provide landlords with copies of municipal service accounts when requested in writing.
”We hope this settles the dispute and the City and landlords can work together in creating a good environment to make Johannesburg an African world class city,” he said. – Sapa