Section27, representing the Children’s Memorial Institute (CMI), reached a settlement with Johannesburg Water and the City of Johannesburg Metropolitan Municipality (the City) to reconnect the water supply to the property situated at 13 Joubert Street, Parktown.

The CMI is occupied by 23 non-governmental organisations operating on the property. These NGOs support the most vulnerable members of our society through psychosocial programs for underprivileged children, rehabilitative therapy and counselling for children, including those living with disabilities, as well as a home of safety for abused children.

The City of Johannesburg and Johannesburg Water disconnected the water supply to the building last month without following the procedural requirements in terms of Section 62 of the City’s by-law.

The Gauteng Department of Infrastructure and Development (GDID) is the registered owner of the property. The School of Autism, a public school, and Charlotte Maxeke’s laundry services, which occupy the majority of the building, also operate as tenants on the property.

Responsibility for the payment of basic municipal services for both the School of Autism and the laundry services lies with the Gauteng Department of Health and the Gauteng Department of Education.

The 23 NGOs based on the property have been adversely affected by the disconnection of water services. Despite efforts to resolve the matter with the GDID and the City, no resolution was reached.

As a result, the CMI approached the Gauteng High Court, Johannesburg for urgent relief, seeking an order for immediate restoration of the water supply. It also asked that the City and Johannesburg Water refrain from terminating water services until the proper processes have been completed.

In their response, the City and Johannesburg Water argued that the pre-termination notice attached to the owner’s account statement is sufficient to trigger the termination of services. These notices were issued to the owner, the GDID. However, the NGOs received no such notice and, as a result, were adversely impacted by the disconnection.

They argued that the city’s conduct is contrary to their city By-laws.

Judge Mudunwazi Makamu this week granted an order directing the city to restore the water supply within 48 hours and instructed the parties to engage in the settlement and debate of accounts.

The GDID, as the owner of the property, was meanwhile ordered to facilitate the division of accounts for services commencing August 1. The GDID, in terms of the court order, is also ordered to report to the court on the facilitation process of the division of the account within 14 days of the court’s order.

Section27 and the CMI meanwhile welcomed the order and said the water restoration brings much-needed reprieve to 23 NGOs who have experienced severe challenges without a water supply.

“The NGOs are now able to continue their vital services in a hygienic and dignified manner and can continue serving their beneficiaries with the professionalism that they deserve,” Pearl Nicodemus of Section27 said.

zelda.venter@inl.co.za

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