Community

Guesthouse owners vs TBZ Municipal Manager

THABAZIMBI – What should have started as a peaceful and restful festive season for tourists visiting Thabazimbi in December, ended abruptly when various guesthouses’ electricity services were unlawfully suspended by Thabazimbi Municipality under strict instruction of the municipal manager, ME Ntsoane.

According to various guesthouse owners, who want to remain anonymous due to possible victimization, the Municipality apparently distributed notices in November pertaining to registration of bulk services for guesthouses in which they were given 10 days to comply, where after their services would be cut off by the municipality, thus forcing them to register.

Guesthouse owners said to Kwêvoël that they did not receive the notice, therefore the suspension of services came as a terrible and inconvenient surprise for both them and their guests on the start of the Reconciliation-longweekend in December on Friday 14 December at 16:00. Guests were referred to other accommodation, leaving the guesthouses empty.

The registration for bulk services required payment of an amount of R5600 per guesthouse, in order for the Municipality to upgrade guesthouses’ waterpipes from 12mm to a 50mm pipe to facilitate greater supply. These pipes are about 3m underground.

The suspicious selection of guesthouses, whose electricity was suspended, was also apparently done randomly as some of the guesthouses in and around the Thabazimbi-area still remained operational.

No records were found in Kwêvoël for the publication of the said “Bulk Service Registration” notice.

On Saturday 15 December some guesthouse owners consulted with local attorney Eric Marx and legal steps were taken against Thabazimbi Municipality as well as Ntsoane in his capacity as Municipal Manager.

Due to the long weekend, the interdict was put on the roll on Tuesday 18 December, leaving the guesthouses without electricity for three days. The high court judge, Judge Maumela, ruled in favour of the guesthouse owners and said that the electricity should be switched on with immediate effect.

After various fruitless telephone conversations, the electricity still remained off. The guesthouse owners therefore gave the Municipal Manager a written warning that if they didn’t comply with the judge’s order, the guesthouse owners will pursue another high court interdict, this time for contempt of court against the municipality. At 18:42 the electricity was finally switched on.

The battle still continues when the next court date appearance are scheduled for 22 January 2013 when the judge will then rule whether or not the Municipality will be held reliable for the legal fees.

According to DA-Councillor Franco Loots, the bulk services notice was not discussed on any council meeting, therefore the instruction to switch off the electricity was done without the council’s consent. Furthermore, DA Councillor Bertie Joubert said that the administrative action and process that was followed in this regard did not comply within legislative prescriptions pertaining to local government.