Die Vryheidsfront Plus se raadslid, Michal Groenewald, het vandag ‘n klagte ingedien teen die Matlosana-munisipaliteit by die Nasionale Verbruikerskommissie. Die klagte handel oor die hoë rekeninge wat verbruikers ontvang het nadat die raad versuim het om die korrekte aanslag aan verbruikers sedert 2012/2013 te stuur. (Klagte meegaande)
Die munisipaliteit voldoen onder andere nie aan wetgewing soos byvoorbeeld deur die Nasionale Kredietwet (Wet 34 van 2005) vereis nie. Die Wet vereis dat elke bedrag wat gehef word gespesifiseer moet word. Die BTW-Wet (Wet 89 van 1991) vereis dat daar ‘n beskrywing moet wees vir elke heffing en die Verbruikerswet (Wet 68 van 2008) vereis dat elke heffing se eenheidsprys gespesifiseer moet word.
“Nadat regsadvies bekom is blyk dit dat die Matlosana-munisipaliteit nie voldoen aan hierdie voorgeskrewe wetgewing rakende die samestelling van die verbruikersrekeninge nie en word teruggedateerde heffings onwettig gedoen. Die munisipaliteit was nalatig en nie die verbruikers nie en daarom moet enige teruggedateerde heffings afgeskryf word,” sê Michal Groenewald, VF Plus-raadslid in die Matlosana-stadsraad.
Groenewald het in sy klagte die Nasionale Verbruikerskommissie versoek om spoedig ondersoek in te stel en remediërende stappe te neem wat insluit dat benadeelde verbruikers nie die agterstallige gelde hoef te betaal nie.
Kontaknommer: 0794098342
25 July 2016
(NCC) National Consumer Commission
Commissioner: Mr. Ebrahim Mohamed
08 Bauhinia Road,
Block 10, Berkley Office Park,
Techno Park,
Centurion
Tel: (012) 761 3000
Delivered by:
E-Mail: E.Mohamed@thencc.org.za
Dear Sir/Madam,
CITY OF MATLOSANA MUNICIPALITY ISSUING INCORRECT ACCOUNTS TO NUMEROUS CONSUMERS AS A RESULT OF THEIR OWN NEGLIGENCE AND POOR ADMINISTARTION
The above matter refers.
We would like to submit the attached complaint for your attention and investigation.
The central focus of the complaint is on City of Matlosana Municipality regarding the issuing of incorrect accounts regarding levies charged to consumers as a result of their own negligence and poor administration, as well as the contradictions with the CPA (Consumer protection Act) and other relative legislation in order to ensure a holistic complaint.
Details of complaint:
The complaint deals with the legality of the Matlosana Municipality accounts issued to consumers.
As with any municipality there are basic levies charged to consumers such as water and electricity. The levies were implemented in the 2012/2013 financial year, however it appears that the Municipality did not charge the levies to all the accounts and/or only partially charged the levies to certain accounts.
The municipality has started to do audits to correct the levies so that it is charged on all accounts, however they went a step further and made it retroactive/ backdated it for two (2) years, and this is what the extremely large amount of consumer complaints are based on regarding the accounts issued by Matlosana Municipality.
Our argument is that although there is an obligation on the consumer to make sure that the accounts are correct, there is also an obligation on the municipality to provide an accurate account to the consumer. Thus the negligent party herein is the municipality because their accounts does not specify the various levies charged. Kindly find attached hereto an example of how the accounts are compiled marked Annexure “A”.
Relevant Legislation:
Kindly note that there are certain minimum key standards that a municipal invoice should meet, this means that it should comply with regulations such as the Municipal Systems Act 32 of 2000; National Credit Act 34 of 2005; Vat Act 89 of 1991; Consumer Protection Act 68 of 2008; and the Municipal Property Rates Act 6 of 2004. The Municipal invoice should further be clear and understandable to the ordinary consumer in regards to the Consumer protection act 68 of 2008. Lastly the municipal invoice should have correct, accurate and transparent readings and charges. It is thus clear that the above minimum key standards for municipal invoices are not met and/or taken into consideration by the City of Matlosana Municipality when issuing invoices/accounts.
We refer to the regulations set out in the abovementioned Acts which should be complied with when issuing a Municipal invoice/account:
In regards with the National Credit Act:
an invoice must be issued monthly;
the opening balance must be shown in each successive invoice;
the invoice must include the current balance of the consumer`s invoice;
no charge can be levied for issuing the invoice;
any amounts credited or debited during a period must be specified on the invoice; and
any amounts currently overdue must be shown on the invoice.
In terms of the VAT act 89 of 1991, and the consumer protection Act 68 of 2008:
the name, address and VAT registration number of the supplier and of the recipient (if registered) must be on the invoice;
description of the services must be supplied;
there should be a unit price of any particular goods or services supplied or to be supplied; and
the quantity or volume of the goods or services supplied should appear on the invoice.
In terms of the Municipal Systems Act of 2000, VAT Act 89 of 1991 and Municipal Property Rates Act 68 of 2008:
invoices must be accurate;
there should be a tariff structure;
there should be a date on or before which the amount is payable;
the amount due and the amount of any applicable taxes, should either be on an inclusive or exclusive basis; and
the words ‘Tax Invoice’ must appear in a prominent place on the invoice.
We further specifically refer to Section 95(e)-(f) which deals with customer care and management, as well as Section 96(a) which deals with debt collection responsibilities of municipalities, contained in the Municipal Systems Act 32 of 2000. These sections and sub-sections read as follow:
95. Customer care and management
(e) ensure that persons liable for payments, receive regular and accurate accounts that indicate the basis for calculating the amounts due;
(f) provide accessible mechanisms for those persons to query or verify accounts and metered consumption, and appeal procedures which allow such persons to receive prompt redress for inaccurate accounts;
(g) provide accessible mechanisms for dealing with complaints from such persons, together with prompt replies and corrective action by the municipality;
96. Debt collection responsibility of municipalities
A municipality-
(a) must collect all money that is due and payable to it, subject to this Act and any other applicable legislation;
Lastly we refer to Section 195 with specific reference to sub-sections (1)(a); (f) & (g) and (2)(b) of the Constitution which deals with the basic values and principles governing public administration. The relevant sections and/or sub-sections in section 195 reads as follow:
195. Basic values and principles governing public administration
1. Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
(a) A high standard of professional ethics must be promoted and maintained;
(f) Public administration must be accountable;
(g) Transparency must be fostered by providing the public with timely, accessible and accurate information.
The above principles apply to
(b) organs of state;
Thus the City of Matlosana Municipality does not comply with some of the regulations as set out in the Municipal Systems Act 32 of 2000, VAT Act 68 of 2008, Municipal Property Rates Act 68 of 2008 and the Consumer Protection Act 68 of 2008.
Although a certain responsibility is placed on the consumer to make sure that the account received is correct, the Freedom Front Plus hereby argues that the invoices sent out monthly to the consumers are not clearly understandable to all and each levy is not specified and unit pricing is not included and therefore the consumer is not able to see if a levy is levied/charged or not.
Although the account must be corrected and the levies thus charged on all accounts same cannot be made retroactive/ backdated for two (2) years in order to rectify the mistakes made by the City of Matlosana Municipality as result of their own negligence and poor administration.
3. Proposed Outcome:
With regard to the abovementioned we propose the following outcome:
That all basic charges that have not been levied be written of through the Audit process of the Municipal consumer accounts and therefore not be backdated so that the community receive high bills due to the mistake the administration of the City of Matlosana has made.
That a new municipal tax invoice system must by researched so that all tax invoices and accounts comply with all the regulations.
That such a system must be implemented so that all consumers can get a correct consumer account as prescribed by legislation.
Details of steps taken to resolve the complaint:
Note that I have personally, in my capacity as a councillor for the Freedom Front Plus at City of Matlosana Municipality filed a motion with the speaker/Municipal Manager annd administrator of the City of Matlosana Municipality in this regard, however up to date we have not yet received any response to same. Note further that various complainants/consumers approached the City of Matlosana Municipality in order to resolve these matters, however they have had no success, as the excuse is always that the Municipality has already been placed under administration. This administartion process the Municiplaity has been placed under, however, has not yet dealt with the matters as set out in this complaint and we are doubtfull that it would, and therefore our complaint is directed to yourselves for investigation.
We shall appreciate your urgent attention in this regard for the sake of all consumers and the public in general. We humbly request that an investigation is launched to establish what should have been done and what actually happened and advise what remedial action must be implemented. Note that if necessary the matter may be referred to the Consumer Tribunal in order to achieve a verdict herein.
Yours truly,
Ignatius Michael Groenewald
Councillor for the Freedom Front Plus: Matlosana Municipality
Cell: 079 409 8342
Office: 018 484 1086
Fax: 018 483 1086
Email: vfnnw@mwebbiz.co.za // miggiegr@gmail.com// jennifer@vfplus.org.za
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