Windhoek municipality rejects ‘misleading’ ECB media coverage

The City of Windhoek has moved to correct what it describes as “factual inaccuracies and misleading interpretations” in media coverage of its High Court matter with the Electricity Control Board (ECB), cautioning that the full judgment has not yet been released.

In a statement issued this week, the municipality specifically took issue with an article published by a local publication on Tuesday, stating that it created a misleading impression about both the court proceedings and the implications of the ruling.

“While the City acknowledges and respects the court order issued in this matter, it is important to note that the full written judgment, including the court’s reasoning, has not yet been released. Any conclusions drawn at this stage are therefore premature,” the City said.

ECB directive

At the centre of the dispute is a directive issued by the ECB on 27 June 2024, instructing local authorities to stop blocking prepaid electricity meters as a means of recovering outstanding municipal debts unrelated to electricity.

The City rejected claims that it had approached the court to seek permission to continue cutting off electricity to residents, describing this as “factually incorrect and misleading”.

“A directive issued by the ECB prompted the City’s legal action… to cease the practice of blocking prepaid electricity meters to recover arrear fees, levies and charges… and to explore alternative debt recovery methods,” the statement read.

The municipality subsequently approached the High Court to set aside the ECB directive, "particularly regarding its implications on municipal revenue collection and sustainability".

The City noted that the court application was procedural and legal in nature and "not an attempt to deny residents access to essential services".

Ruling

According to the City, the court ruling delivered on 24 March set aside the ECB directive and declared it “null and void”.

The municipality also pointed out that the ECB had sought clarity from the court on whether residents with outstanding municipal debts unrelated to electricity could have their electricity supply restricted, referencing provisions of the Electricity Act of 2007.

In addition, the court ordered that “a customer who has applied for and is capable of making such payment arrangements, in the circumstances where the customer has failed to pay any fees, charges or monies due… other than for the supply of electricity,” should be considered within the framework of the ruling.

The City stressed that, as a Part I municipality, it is legally required to generate its own revenue and maintain financial sustainability under the Local Authorities Act.

“The City of Windhoek reiterates that… it is mandated to generate its own revenue [and] cater for its operational expenses… Therefore, effective and lawful debt recovery mechanisms are essential to ensure continued service delivery to all residents while maintaining the city’s sustainability,” the statement said.

It further argued that existing electricity supply regulations empower the municipality to block electricity supply for non-payment of services not directly related to electricity.

The City advised restraint from the public and media until the full judgment is made available.