Are you still required to pay illegal tariffs?

[Zoomzoom]

If the municipality implements an illegal tariff (like the law is really specific about this and they do it anyway) are you still required to pay it regardless?

The relevant government department as well as provincial government was informed more than a month ago by more than one person, but no reply, so I guess they don't care. I just refuse to pay an illegal tariff.

(And because I am determined to expose the fact the DA is as full of it as the ANC is ... this is the DA at work. Proposed a new tariff, were informed repeatedly it was against the law, went ahead with public consultation anyway, implemented the tariff last week through a special council meeting before the closing date for public comment).

 

[genetic]

What illegal tariff?

 

[Zoomzoom]

A so-called 'drought' tariff levied against 0 - 6 KL of water which is specifically not allowed under the water act.


DEPARTMENT OF WATER AND SANITATION
NOTICE 1153 OF 2015
1153 Water Services Act (108/1997): Revision of the norms and standards for setting water services tariffs in terms of section 10 of the Water Services Act, 1997 39411
WATER SERVICES ACT (ACT NO. 108 OF 1997)
REVISION OF THE NORMS AND STANDARDS FOR SETTING WATER SERVICES
TARIFFS IN TERMS OF SECTION 10 OF THE WATER SERVICES ACT,1997


Drought tariffs shall not apply to the first or lowest tariff block as described in sub-*‐regulation 10(3)(a)(iii) or to the first tariff block with free basic water supply as described in sub-*‐regulation 10(3)(b)(ii);

10(3)(a)(iii) refers to domestic consumption of 0 – 6 KL
10(3)(b)(ii) refers to indigent households of 0 – 6 KL

In addition:

a water services authority must:

(i) use a tariff that minimizes the economic and social costs related to water conservation measures;

(ii) use a tariff that will encourage consumers to reduce consumption to the sustainable drought level with little time lag, by for example charging a penalty volumetric tariff or additional fixed tariff for consumption above the desired sustainable consumption; and

(iii) consider the reliability of supply during drought by assessing the water resources available to the area prior to declaring a drought area; (c) a water services authority must provide consumers with prior notification of the implementation of drought tariffs or the activation of water conservation measures using at least two sources of media.


They have not declared a drought, and they have not implemented any water restrictions, but want to charge primarily domestic households more for water simply because the dam level is below 50% on a sharply increasing sliding scale as the dam level drops.

In addition they passed this tariff before the closing date of the public consultation process. The public had from 1 - 30 August to comment, but they inserted a small notice in the local paper that the tariff is now in effect about a week before.

 

[Zoomzoom]

I have no issue with water restrictions and efforts to reduce consumption. What I object to is the cavalier attitude towards the law, and due process, and I am not paying any illegal fees under any circumstances. It's just that it is also illegal to refuse to pay the municipality - you can take them to court, but not refuse to pay, so the question is - am I bound by the law to pay, when the charge is provably illegal?