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CSOS NOTICE TO ALL BODIES CORPORATE – DISCONNECTION BY THE TRUSTEES OF ELECTRICITY OR WATER TO SECTIONS IN A SCHEME

It has come to the attention of the CSOS that there are instances where Trustees are disconnecting and/or reducing services in cases where unit owners’ default on the payment of their levies during the lockdown. The termination or reduction of any service (i.e. water, electricity or gas) to a section has always been unlawful – remains unlawful during the lockdown – and will continue to be unlawful after the period of lockdown has been uplifted by Government, irrespective of what is contained in a Body Corporate’s Rules. Please note that any contravention of the Regulations to the Disaster Management Act of 2002 is a criminal offence and can be reported directly to the South African Police Service (SAPS). Alternatively, the CSOS will, on the application, issue an adjudication order on an ex parte basis which will include a direction to the SAPS to ensure that the order is given effect to.

For your reference you may view the Court order that affirms this notice: Niehaus v High Meadow Grove Body Corporate (40667/2018) [2018] ZAGPJHC 712 (13 November 2018) / http://www.saflii.org/za/cases/ZAGPJHC/2018/712.html
Regards,
NDIVHUO RABULI
Chief Ombud (Acting)

CSOS NOTICE TO ALL BODIES CORPORATE – DISCONNECTION BY THE TRUSTEES OF ELECTRICITY OR WATER TO SECTIONS IN A SCHEME

In The News

HEADLINE: CSOS NOTICE TO ALL BODIES CORPORATE – DISCONNECTION BY THE TRUSTEES OF ELECTRICITY OR WATER TO SECTIONS IN A SCHEME
Date Published: April 23, 2020