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This is part 1 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”). Although one might question why it is necessary to write an article explaining what appears to be such a simple concept, we regularly receive reports of customers not being able to take their matters forward because of not having been able to log a dispute, logging the wrong type of dispute, or not having proof of the dispute logged. What will become clear from the contents hereof is that logging a dispute is much more complicated than you might imagine at first blush.
Section 102 of the Local Government: Municipal Systems Act 32 of 2000 (“the Systems Act”) provides as follows:
“Amounts
- (1) A municipality may –
a. consolidate any separate accounts of persons liable for payments to the municipality;
b. credit a payment by such a person against any account of that person; and
c. implement any of the debt collection and credit control measures provided for in this Chapter in relation to any arrears on any of the accounts of such a person.
(2) Subsection (1) does not apply where there is a dispute between the municipality and a person referred to in that subsection concerning any specific amount claimed by the municipality from that person.”
A customer that raises a ‘dispute’ that concerns any specific amount claimed by the municipality from that person’ is thus insulated from “credit control action” (which could include the termination of services, or the issuing of summons) for so long as that ‘dispute’ exists.
In the absence of such a ‘dispute’, however, the municipality is free to take whatever lawful form of credit control action it might see fit against the consumer.
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