City of Windhoek: Defends Legality of Municipal Debt Disconnections

• The City of Windhoek is conducting mass water and electricity disconnections to recover N$932.7 million in unpaid municipal debts.
• City CEO Moses Matyayi states these disconnections are a legal measure under the City of Windhoek Credit Control Policy, not a punishment.
• Social activist Shaun Gariseb has called for a payment boycott, accusing the City of "rouge billing practices."
• Matyayi condemned the boycott, citing sections 30(1)(u) and 78 of the Local Authorities Act 1992 Namibia, which establish the legality of municipal charges and property owners' liability.
• The City views the boycott call as "unlawful incitement to disregard a statutory obligation," referencing Article 21(2) of the Namibian Constitution.

Matyayi firmly asserted that a call for residents to withhold payment of lawfully determined municipal charges constitutes "unlawful incitement to disregard a statutory obligation," a stance the City cannot ignore.

The City of Windhoek has initiated a widespread campaign of water and electricity disconnections, a move it describes as a necessary legal measure under its established City of Windhoek Credit Control Policy. This aggressive enforcement aims to recover a substantial N$932.7 million in outstanding municipal debts. Officials emphasize that these actions are not intended as punitive measures or to exacerbate residents' financial hardships, but rather as a critical mechanism to reclaim public funds. The disconnections are expected to intensify across the capital in the coming weeks, as the City remains steadfast in its refusal to suspend its Credit Control Policy.

This enforcement drive comes amidst a direct challenge from social justice activist Shaun Gariseb, who, representing the Khomas Residents and Ratepayers Association, launched a social media campaign advocating for a payment boycott. Gariseb has urged Windhoek property owners to collectively withhold municipal debt payments, alleging that the City employs "rouge billing practices," maintains "excessive account management systems," and contributes to the escalating indebtedness of already vulnerable residents. The City of Windhoek's CEO, Moses Matyayi, has swiftly condemned this call for a boycott, warning of severe consequences for municipal operations and critical infrastructure.

The legality of Windhoek municipal debt disconnections is firmly rooted in the City's regulatory framework, according to CEO Moses Matyayi. He clarified that the ongoing mass disconnection campaign is a vital, non-negotiable credit control intervention, not an admission of administrative failure. Matyayi underscored that payment for municipal services is not a voluntary undertaking. The Council's authority to determine fees, charges, and other moneys payable for services is established under section 30(1)(u) of the Local Authorities Act, 1992 (Act 23 of 1992). Furthermore, section 78 of the same Act stipulates that the owner of immovable property bears liability for arrear fees, charges, and other moneys due to the Council for services rendered. These statutory provisions, alongside the City of Windhoek Credit Control Policy, provide the legal foundation for the current enforcement actions.

Matyayi also addressed the constitutional dimension of the payment boycott call, acknowledging the right of residents and associations to express views on municipal affairs, as protected by Article 21(1) of the Namibian Constitution. However, he stressed that this right is subject to Article 21(2), which permits reasonable restrictions imposed by law, particularly concerning incitement to an offense. Matyayi firmly asserted that a call for residents to withhold payment of lawfully determined municipal charges constitutes "unlawful incitement to disregard a statutory obligation," a stance the City cannot ignore. The City unequivocally rejects and condemns the call for a payment boycott, viewing it as an invitation to disregard statutory duties.

The substantial N$932.7 million in outstanding Moses Matyayi municipal debt poses a significant threat to the City of Windhoek's operational capacity and financial sustainability. CEO Moses Matyayi warned that allowing this debt to further accumulate through a payment strike would severely compromise the City's ability to procure essential bulk electricity and clean water. Such a scenario, he argued, would leave the municipality with no alternative but to intensify its pursuit of defaulting accounts. The City maintains that the mass disconnection exercise is an integral part of its debt recovery framework, designed to ensure financial stability and equitable treatment for all account holders.

The City also explicitly refutes claims of a defective billing system or the absence of a debt recovery framework, asserting that the current disconnections are a direct component of its established processes. In light of these critical financial challenges, the City of Windhoek urges residents to refrain from participating in, supporting, or promoting any payment boycott. Furthermore, it advises against tampering with meters or attempting to reconnect services that have been lawfully discontinued, reinforcing the seriousness of its enforcement measures and the legal obligations of its residents.

Lawyers advising clients in Windhoek must understand the City's legal authority under the Local Authorities Act and its Credit Control Policy to enforce mass disconnections for unpaid municipal debts. This also highlights the legal risks associated with advocating for or participating in payment boycotts, which the City views as incitement to disregard statutory obligations.

Source: Original reporting via local Windhoek media