Municipal Charges for Borehole Water Use Questioned

In South Africa, homeowners using borehole water are discovering they may still be liable for municipal sewage charges, as highlighted by a controversy in Mbombela, despite not using municipal water supply. This situation arises because, while municipalities cannot charge for the extraction of private borehole water, they are entitled to charge for the use of their sewage infrastructure if that water is discharged into the municipal system.

This issue clarifies a common misconception among South African homeowners and has significant financial implications for those investing in alternative water sources to mitigate unreliable municipal services. It underscores the crucial legal distinction between charges for water supply and charges for sewage services, which, although often perceived as a single utility, are legally separate. For municipalities, this affirms their right to levy charges for services rendered, even if only a portion of the utility chain is utilised by residents, ensuring the sustainability of essential infrastructure.

The legal framework governing this involves municipal by-laws, the Water Services Act, and potentially constitutional provisions related to access to services. As explained by Chantelle Gladwin-Wood, head of public law at HBGSchindlers Attorneys, the core principle is that if municipal infrastructure, such as the sewage system, is burdened by the discharge of water from any source, the municipality incurs operational and maintenance costs for which it can legitimately charge. This is a fundamental aspect of municipal service provision and cost recovery.

Key parties involved include homeowners who have invested in boreholes, municipalities (with Mbombela being a specific example), and legal experts providing interpretation of the relevant laws and by-laws. The outcome of specific disputes between homeowners and municipalities regarding these charges is not reported in the excerpt, but the legal principle is clearly articulated.

Attorneys advising homeowners or property developers should educate clients on the distinction between water supply and sewage charges, particularly when considering alternative water sources like boreholes. Businesses and homeowners must carefully review their municipal bills to understand the breakdown of charges and engage with municipalities if discrepancies arise. It is crucial to understand local municipal by-laws regarding water and sanitation services, as these can vary, and to be prepared for potential disputes over service charges even when self-sufficient in water supply.