Dear Mayor André Truter
Open Letter
Dear Mayor Truter,
I am writing this open letter to bring your urgent attention to the ongoing issues where my family and I reside as tenants. Despite repeated attempts to resolve these matters through appropriate channels within the Saldanha Bay Municipality (SBM), we have been met with inaction, neglect, and a lack of adherence to your own policies.
As the political head of Saldanha Bay Municipality, it is your responsibility to ensure that the municipality adheres to its own principles and policies to protect the rights and well-being of residents. The following points summarize the key issues:
1. Health and Safety Hazards Ignored
On 9 September 2024, I emailed the Building Control Department with photos and videos exposing dangerous and non-compliant conditions at the property, including:
- Electrical hazards
- Fire safety risks
- Structural issues
- Water damage
- Pest infestations
Although a Building Inspector conducted an inspection and recommended further assessments by various specialist departments, no follow-up action has been taken despite multiple reminders.
2. The Municipality’s Duty to Enforce Payment by the Ratepayer
SBM’s Credit Control and Debt Collection Policy clearly outlines its duty to enforce payment of services by ratepayers:
- Principles, Section 4(h): “Enforcement of payment must be prompt, consistent, and effective.”
- Duties and Functions of the Municipal Manager, Section 5.3(e): “To demand payment on due dates.”
- Section 5.3(f)(i): “The municipality will, when a debtor is 30 days in arrears, commence a collection process against that debtor, which process could involve final demands, summonses, court trials, judgments, garnishee orders, and/or sales in execution of property.”
Despite the owner of the property being in substantial arrears and in violation of obligations as a ratepayer and landlord, SBM has failed to take consistent and effective steps to enforce payment. The lack of enforcement directly contravenes the above-stated principles and policies, leaving tenants like myself without basic services.
3. Failure to Act Despite Legal Precedent
Under South African law, municipalities are obligated to hold ratepayers accountable while ensuring residents’ access to basic services.
This disconnection, coupled with SBM’s failure to enforce arrears collection from the property owner, demonstrates negligence in fulfilling your obligations to the community.
4. Policy Violations and Systemic Failures
The ongoing lack of water, electricity, and sanitation at our residence violates the following:
- SBM Credit Control and Debt Collection Policy
- SBM Electricity Supply By-Law
- The Constitution of the Republic of South Africa
The municipality’s inaction also compromises its stated commitment to “effective, efficient, and sustainable” service delivery and “improving the quality of life for all local residents.”
The concerning reality that the landlords in question are listed on the municipality’s official website as ward committee members further compounds the gravity of this situation. Ward committee members are entrusted with a critical role in ensuring community needs are conveyed to municipal leadership and in promoting accountability, fairness, and compliance with local policies. Their actions, or lack thereof, are expected to exemplify the highest standards of ethical conduct and commitment to the public good. However, as landlords, their blatant disregard for municipal regulations, failure to maintain their property in a compliant state, and ongoing non-payment of essential services starkly contradict the responsibilities associated with their public role. This glaring conflict of interest raises serious concerns about the integrity of the ward committee system. Such behavior not only undermines the community’s trust in its representatives but also reflects poorly on the municipality’s ability to enforce regulations impartially.
5. Request for Immediate Action
I call upon you, Mayor Truter, to urgently address the following:
- Enforce your Credit Control and Debt Collection Policy by taking prompt action against the ratepayer in arrears as outlined in Section 5.3(f)(i).
- Conduct a comprehensive assessment of the health and safety hazards with follow-up inspections and reports by relevant departments.
- Ensure compliance with national laws and SBM policies to restore basic services to the tenants immediately.
Final Appeal
The neglect of tenants’ rights and failure to enforce accountability against the ratepayer in this case have set a dangerous precedent, undermining public trust in the municipality. I urge you to take the decisive and corrective actions needed to uphold SBM’s principles, protect residents’ rights, and maintain the integrity of your office.
I remain hopeful that you will address these concerns with the seriousness they deserve. I look forward to your prompt response and action on this matter.
Yours faithfully.
