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 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)
