Western Cape High Court Acting Judge Nomfundo Sipunzi has ruled in favour of boutique hotel owner Allen Tavakoli, whose water supply was disconnected by the City of Cape Town over allegations of tampering and unpaid municipal bills.

A News24 report says Tavakoli took the city to court after it cut off water to his adjoining home and the Grande Kloof Hotel in Fresnaye in November.

The disconnection followed accusations that Tavakoli had tampered with water meters and owed more than R700 000 in arrears for the Sea Point properties.

According to court documents, disputes between Tavakoli and the city over municipal valuations and unpaid utility bills dates to July 2022.

In her ruling, Sipunzi detailed the city’s allegations of tampering at Tavakoli’s properties. The city claimed it had identified ‘anomalous volumetric consumption’ despite flow restrictions being in place, which prompted an inspection.

The inspection revealed tampering at the hotel and that the water meter at the residence had been unlawfully removed.

The city responded by removing the meters and installing flow-limiting trickle discs. Tavakoli has denied all allegations of tampering.

Sipunzi criticised the city for failing to provide sufficient detail to support its claims.

‘The city fails to take the court into its own confidence and does not clarify how much water it deems a reasonable flow into these properties,’ she said.

News24 notes she also questioned whether due process had been followed in disconnecting the water supply.

‘It is also imperative to thoroughly investigate the events that may have triggered the inspection of the properties on 13 November 2024, as they appear to have set in motion everything that followed. The city proffered that they identified an anomalous volumetric consumption of water at the properties, notwithstanding the installation of limiting trickle discs on the water meters at the properties’. 

Sipunzi found that the city had acted unlawfully by disconnecting the water without proper notice.

‘In short, regardless of the approach taken to assess whether the respondent acted lawfully when it restricted or disconnected the supply of water to the properties, the respondent’s conduct fails to pass muster. Therefore, the respondent’s conduct was unlawful when it dispossessed the applicants of the water supply to the properties.’

Full News24 report

Judgment