Seven Katutura residents are suing the Windhoek City Council and its members after their water and electricity supply was cut because of alleged unpaid municipal accounts.
The seven residents are claiming that the City of Windhoek has, by cutting the supply of water and electricity to their homes, subjected them to “deplorable living conditions and a gross violation of their human rights”.
They are also claiming that the city’s actions towards them are “unfair, unreasonable and unlawful”.
The city has no legal basis for cutting residents’ prepaid electricity supply because of unpaid water bills, and is acting contrary to a directive of the Electricity Control Board when it does that, the seven plaintiffs are claiming as well.
In a case filed at the Windhoek High Court ten days ago, the plaintiffs are asking the court to declare that the 15 members of the Windhoek City Council have failed to uphold and exercise their powers, duties and functions as required in the Local Authorities Act.
They are also asking the court to direct the minister of urban and rural development to issue a notice to the Windhoek City Council and its 15 members in which they are instructed to rectify issues raised by the plaintiffs in their claim.
In conjunction with that, the plaintiffs are asking the court to order that if the city council does not comply with the minister’s notice, the city councillors should be removed from their positions and all of the powers, duties and functions of the city council should be transferred to the minister.
The court is also being asked to order the City of Windhoek to reconnect the plaintiffs’ water and electricity supply, and to declare that the city’s practice of using estimates of water consumption to charge residents for water is contrary to the Local Authorities Act.
A lawyer representing the city council and its members on Friday last week notified the court that the council and its members are opposing the plaintiffs’ lawsuit.
In their claim, lawyer Henry Shimutwikeni, who is representing the seven residents, says the city cut the water and electricity supply of three of the plaintiffs – Meriam Uiras, Eben Gomeb and Bernhard Murere – in 2018.
After Murere had prepaid water meters installed at his property at Katutura and made a payment to the City of Windhoek, his electricity supply was reconnected in February this year, it is said in the claim filed at the court.
According to Gomeb’s municipal account, he owes the City of Windhoek about N$170 000, of which about N$158 500 is for outstanding municipal rates and taxes and about N$11 500 is for water and electricity. His prepaid electricity meter is currently blocked by the City of Windhoek, due to his accumulated water bill.
Shimutwikeni also alleges that the city acted unlawfully when it disconnected Uiras’ electricity supply due to an account for water use that is in arrears, despite her making use of prepaid electricity.
The water and electricity supply of the first plaintiff, Elizabeth Beukes, was disconnected in November last year, due to alleged arrears in her municipal bill amounting to about N$413 000 at that stage, it is stated in the claim.
Beukes was informed that she had to pay a penalty of N$50 000 for an alleged illegal electricity connection at her home, which she denied having.
After Beukes paid about N$64 000 to the city in May this year, her water and electricity supply was reconnected, but it has since again been cut, due to alleged arrears amounting to about N$406 000.
The supply of electricity to Beukes’ home was cut due to a water bill in arrears, despite her making use of prepaid power, it is also alleged in the claim.
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