The high court has saved a boutique hotel owner accused of tampering with a water flow-limiting device and owing R700,000 in water charges in an upmarket suburb of Cape Town.
Allen Tavakoli took the City of Cape Town to court in the Western Cape after the water supply to his home and hotel in Fresnaye, was disconnected in November. The properties are next to each other.
The court heard that, at the time of the disconnection, the hotel owed more than R220,000 while Tavakoli’s home owed more than R485,000. He had disputed the “municipal valuations and outstanding municipal utility bills of the properties” since 2022.
Tavakoli sued for the restoration of the water on an urgent basis and the court ruled in his favour on Friday. The judgment handed down by acting judge Nomfundo Sipunzi details the alleged water tampering in the suburb where a four-bedroom home sells for R45m with sweeping views of the Atlantic Ocean and scenic vistas of Lion’s Head and the Cape Town coastline.
The city told the court it inspected Tavakoli’s properties on November 13 after officials identified “an anomalous volumetric consumption of water ... notwithstanding the installation of limiting trickle discs on the water meters at the properties”.
“The [city] fails to take the court into its confidence and does not clarify how much water it deemed a reasonable flow into these properties,” the judgment reads.
“Furthermore, the [city] fails to offer a credible explanation regarding what alterations occurred at what stage such changes took effect since the alleged installation of restrictions [twice] to the properties, respectively.”
Tavakoli denied tampering with the infrastructure.
“The meter readings from both properties do not provide circumstantial evidence that could establish factual basis to even infer the likely timing of such occurrences,” the judgment reads. “The [city] similarly fails to present any evidence or even minimal information regarding how this tampering might have taken place and who could have engaged in these clearly unlawful activities.
“In this regard, [Tavakoli and his company] emphasised that the deprivation by the [city] on 13 November 2024 were both unlawful and unjustified. [Tavakoli and the company] submitted that the conduct of the [city] constituted a violation of [their] rights... as the [city] acted without prior notice and or due process, which would have allowed for an opportunity for engagement between the parties.”
The city argued it provided a written notice when disconnecting water after finding infrastructure was tampered with.
“The [city] further submitted that, as a water service provider, it was empowered to develop conditions that, inter alia, regulated the circumstances and procedures under which water services may be restricted or discontinued,” the judgment reads.
“Therefore, the [city’s] conduct was not a contravention of its own legal framework which required it to ensure that no domestic consumer is deprived of access to basic water services as stipulated by this bylaw.”
According to the judgment, there were “domestic consumers in both properties”.
“There were also employees of the [company] who resided permanently on the hotel premises. No-one from among the residents from either properties had been found to be responsible for the allegations of tampering or violation of the applicable bylaws,” the judgment reads.
“The [city’s] argument that an inference should be drawn regarding their role as perpetrators is unfounded and primarily relies on speculation.
“Given the background facts traversed above and the relationship established between the respondent and the first applicant, it seems improbable that the applicant would allow his properties to remain without water supply for several months. In the case of a hotel and the nature of its operation, it is untenable that it would operate since March 22 2024 without water.”
Sipunzi ordered the city to restore the water and pay legal costs of the case.
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