ECB’s hands tied as local authorities challenge law

ECB’s hands tied as local authorities challenge law

The Electricity Control Board (ECB) of Namibia cannot currently take any action against local authorities who block pre-paid electricity meters for arrears of non-electrical services. 

Although this practice is against the law, it is being challenged in court by local authorities drowning in debt, and the practice continues unabated. 

It is estimated that NamPower, the national power utility, is owed about N$1.8 billion by customers comprising local authorities, municipalities, State agencies and bulk power consumers.  At the end of 2023, the City of Windhoek noted that its debt book rose from N$677 million in 2018 to N$1.2 billion in 2023. 

The City of Windhoek (CoW)’s chief executive officer Moses Matyayi has proposed compulsory debit orders for residents in arrears, and wants government to deduct civil servants’ salaries to pay outstanding municipal bills. 

In the meantime, the CoW stated it will continue blocking prepaid electricity meters for residents with outstanding municipal accounts for water or rates and taxes while the court case is ongoing. 

The ECB informed the public on its ruling on the blocking of prepaid electricity meters by local authorities due to non-payment of other municipal services through a media statement at the end of June 2024, as well as a public notice on social media platforms on 11 July 2024. 

“The ECB regards this practice by local authorities as contravening the provisions of the Electricity Act, Act No. 4 of 2007, and subordinate legislation issued thereunder”, stated ECB chief executive officer Robert Kahimise. 

In their statement issued on Friday, he noted that the ECB informs the public that its ruling has since been challenged in a court of law. While the proceedings are underway, the regulator is restricted from taking any action against licensees who block prepaid electricity meters for arrears on other municipal services. 

“As such, the complaints regarding the blocking of prepaid electricity meters by local authorities due to arrears on other municipal services will not be investigated by the ECB, pending the outcome of the legal proceedings. However, please be assured that the ECB will not abdicate its mandate as the electricity regulator in Namibia, and will promptly inform the public of the outcome of the legal proceedings, and the way forward,” Kahimise added. 

In the meantime, he urged aggrieved customers to make appropriate arrangements with local authorities regarding payment of their municipal bill arrears.

In the northern parts of the country, the Northern Regional Electricity Distributor (Nored) stated it will start disconnecting electricity supply to customers whose accounts have been in arrears for 30 days or more.

This is meant to encourage customers to pay, as Nored pushes to settle its NamPower debt.

The ECB initially issued a directive in June this year, prohibiting local authorities from disconnecting prepaid electricity meters for unpaid non-electricity charges. The notice directed local authorities to cease blocking prepaid electricity meters as a means of recovering arrears on non-electricity-related charges, and to explore alternative debt recovery methods which comply with relevant legislation.