A Windhoek resident who inherited a home with a water debt of N$74 000 lost his bid to have the court force the City of Windhoek to write-off his debt and that of other residents.
Elifas Khoeseb sued the City of Windhoek claiming it was unjust when it took the decision to cut off water supply to his family home in Dolam due to outstanding payment.
Khoeseb claims the debt of N$74 000 incurred on his late mother’s home was a result of previous illegal occupants. He said he had no idea that his mother owned the home. Thus, as the new owner, he does not wish to pay for a debt he or his mother did not incur.
He further claims the City was wrong to cut off the water supply during the Covid-19 pandemic as it goes against the pandemic’s regulations. The water was disconnected on 21 April 2021.
In his bid, he requested the court to order a write-off of his inherited debt and that of other residents who have debts dating far back as five to 10 years.
However, on Friday, Windhoek High Court Judge Claudia Claasen dismissed his application, saying the City is empowered to disconnect the water supply to its residents who fail to pay. She said this is provided for in the City’s credit control and debt collection policy. Thus, the municipality did not act illegally in cutting off the water supply.
She said in this case, the arrears were not paid and the cut off follows non payment. “I regard it as a day-to-day enforcement of the applicable policy measures for the efficient recovery of the debt and sustainability of the water supply,” said Claasen.
She said the decision by the municipality does not amount to an administrative action despite having been carried out by a local authority. So, it was contractual in nature and does not amount to an administrative action. Claasen further said Khoeseb failed to make out a case for the orders he sought.
-mamakali@nepc.com.na