LEGAL ADVICE: The previous owner did not pay. Can the municipality now cut off the electricity?

Sonja Nel
Sonja Nel
QUESTION: The municipality has let me know that it will disconnect my electricity supply because there are outstanding payments in respect of my property. However, these are not mine but belong to the previous owners from whom I bought the property last year. These accounts are nearly five years old! Can the municipality do this and cut off my electricity?

ANSWER: IN A recent case the court confirmed that a current owner of property is not liable for arrears debt or charges on accounts held by previous owners of the property and a municipality is not entitled to terminate the supply of services to the current owner on the grounds that the prior owners of the property are indebted to the municipality.

The court however also upheld the law as it currently stands – that a property can provide security for a municipal debt and that it may happen that a new owner’s property is declared executable for the municipal debt of a previous owner and that the municipality can sell a property in execution to recover such arrears debt. However the municipality must follow the following procedure:

  • If there is historical debt relating to the property, the municipality must first obtain a judgment against the party legally responsible for such debt, that is, the relevant prior owner.
  • Only once such a judgment has been obtained and the prior owner fails to settle the historical debt as required by the judgment order, can the municipality proceed to obtain an order to declare the security in relation to that historical debt to be executable – the security being the property of the current owner.
  • To obtain such an order against the property, the municipality must join all parties having an interest in the matter, such as the current owner and bond holders (with registered bonds over the property) to allow each party to state their interest and defend the granting of an order to execute against the property.
  • The court will then have to decide whether the property of the current owner may be declared executable to recover the amount of the outstanding judgment owed by the prior owner.

In short, municipalities may accordingly not disconnect or threaten to disconnect any services or declare a property executable to recover historical debt against the property without a court order. If any such action is threatened you should immediately consult with an attorney to assist you with defending your rights.

Sonja Nel is an attorney with Drake Flemmer & Orsmond Attorneys, she can be contacted on 043-722-4210.

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