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https://eden-movement.co.za/grfirst/index.php?topic=13.0
Read Point 2 Olga Rademan Case:
The Core Principle: Analysis of Paragraphs [42] and [43]
Despite the outcome for Ms. Rademan, the most enduring legacy of the judgment lies in the
principles articulated by Justice Zondo in paragraphs [42] and [43]. These sections of the
judgment address the core issue of a resident's obligation when a municipality demands
payment for services not rendered.
Paragraph [42]: The Right to Withhold Payment
In this paragraph, the Court makes a clear and unequivocal statement:
"where a municipality claims payment from a resident or ratepayer for services, it is only
entitled to payment for services that it has rendered. By the same token, where a municipality
claims from a resident, customer or ratepayer payment for services, the resident, customer or
ratepayer is only obliged to pay the municipality for services that have been rendered. There
is no obligation on a resident, customer or ratepayer to pay the municipality for a service that
has not been rendered." 1
This principle establishes a powerful right for citizens. It confirms that the basis of payment
is a transactional one: payment is due for services received. The Court provided a practical
example: if a municipality bills a resident for electricity that was never supplied, the resident
is entitled to deduct that specific amount from their total bill.
Paragraph [43]: The Legal Framework for Disputes
Paragraph [43] reinforces this principle by grounding it in the municipality's own legal
framework. It highlights that municipal by-laws, which mandate the collection of all money
"due and payable," implicitly support the idea that no money is "due and payable" for a
service not rendered. The Court further clarified the process for resolving disputes:
"If a dispute arises between the resident or ratepayer or customer, on the one hand, and the
Municipality, on the other, about whether or not electricity was supplied... either party may
institute legal proceedings to have a court adjudicate that dispute." 1
This provides a clear pathway for communities to challenge municipal charges, moving such
disputes from the realm of protest to the formal legal arena.