Watchdog challenges ruling on billing

THE controversial ruling that let the City of Johannesburg off the hook for its billing chaos could be overturned.

The National Consumer Commission will ask the high court to set aside the National Consumer Tribunal's ruling, which cancelled 45 compliance notices issued to the municipality.

The compliance notices, to which the city objected, followed complaints about inaccurate and inflated water and electricity bills that have affected thousands of ratepayers since 2010. The commission said the city had failed to deliver quality services to consumers and had violated their right to fair, just and reasonable terms and conditions.

Last month, the tribunal found the notices "defective", saying the commission had not followed procedure governing the investigation of complaints prior to issuing the notices.

Now the commission will argue it investigated every complaint and due process was followed. "We will ask the court to set aside the ruling, as it is not supported by the facts and the law," said commissioner Mamodupi Mohlala-Mulaudzi.

Papers will be filed in the next four weeks.

"The investigation strategy we followed was appropriate, looking at the number of complaints lodged against the city.

"Further, the Consumer Protection Act is not prescriptive as to the investigation process to follow. All the steps followed were as per the enforcement manual of the commission. An extra initiative was even taken in meeting with the city on these matters," she said.

Consumers can continue lodging billing complaints with the commission, she said. These would be processed and further compliance notices issued.

"We are disappointed with the ruling, as we believe the tribunal had an opportunity to ensure that residents of Johannesburg get proper redress."

City spokesman Gabu Tugwana said the city would defend any legal action.

Tribunal chair Diane Ter-blanche said it wouldn't oppose the review and would abide by the court's decision.