Friday 14 September 2007
IN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division)
In the matter between:
LINDIWE MAZIBUKO First applicant
GRACE MUNYAI Second applicant
JENNIFER MAKOATSANE Third applicant
SOPHIA MALEKUTU Fourth applicant
VUSIMUZI PAKI Fifth applicant and
THE CITY OF JOHANNESBURG First respondent
JOHANNESBURG WATER (PTY) LTD Second respondent THE MINISTER OF WATER AFFAIRS AND FORESTRY Third respondent
I, the undersigned,
do hereby make oath and say:
1. I am the fourth applicant in this matter. I am a 71-year-old female pensioner, currently residing at 361b Phiri, Soweto, Gauteng, 1818 (“the property”).
2. Save where otherwise stated, or where the contrary appears from the context, the facts contained in this affidavit are within my personal knowledge and are, to the best of my knowledge and belief, true and correct.
3. I have moreover read the founding affidavit of Lindiwe Mazibuko filed in this matter and confirm that to the best of my knowledge and belief, the allegations made in the affidavit of Ms Mazibuko, insofar as they refer and relate to me, are true and correct.
4. I own and have lived in the house on the property since the late 1950s. I live with my nephew, Bernard Malekutu, who is 40 years old and unemployed. I also live with my niece Julia Malekutu, who is 51 years old and unemployed. There are no tenants in our yard.
5. I am a pensioner and receive a monthly pension of R780.00. I have no other source of income.
6. My prepayment water meter was installed in October 2004. As the owner of the house, I did not personally sign for the prepayment water meter. Instead, Bernard did. I would have preferred the standpipe.
7. The prepayment water meter worked irregularly until early December 2004.
8. I complained when the prepayment water meter started giving me problems in December 2004. The water was not coming out of the tap. When I bought the water, it ran out too quickly.
9. Between November and December I bought water at least four times, as follows:
Date Amount 29/11/2004 R10.00 10/12/2004 R20.00 18/12/2004 R20.00 23/12/2004 R20.00
10. All of this water runs out too quickly.
11. On the 20th January 2005 I bought water for R20. By 05th February 2005 all the water had ran-out - including the 6kl. Between 05 February and the 28th February 2005 I did not have water. I lived on handouts from neighbours. Sometimes R10 water lasts for only one day.
12. I did not receive my 6lk for March. I went to the council office to complain. The officials came and dug a ditch in my yard.
13. I do not know what they did but the water only came out for just one day. I did not have water between the 22nd March 2005 and the 1st of April 2005 when I received my free 6kl.
14. During this time, I did not have the time to complain because of church commitments and Easter Holidays. Between April and July 2005, the only water that came out of my tap was no more than 20 litres a day. I still depended on my neighbours for water.
15. It was only after the article written in the Saturday Star late in July 2005 that the people from Johannesburg Water came to install a new meter in my house. Since then, my meter has been functioning properly. I also do receive my monthly 6kl.
D E P O N E N T
I CERTIFY that this affidavit was signed and sworn to before me at on this the day of 2006, by the deponent who acknowledged that she knew and understood the contents of this affidavit, had no objection to taking this oath, considered this oath to be binding on her conscience and who uttered the following words: "I swear that the contents of this affidavit are true, so help me God". I certify that the Regulations contained in Government Notice R1258 of 21 July 1972, as amended, have been complied with.
____________________________ COMMISSIONER OF OATHS Name: Address: Capacity: