Know your rights
Darren Combs from Cleary Park wrote:
Somebody recently rammed my car from behind. He has no insurance so he is unable to pay me for the damage. He is willing to pay me back, but over time as he can't afford to give me all the money at once. What legal recourse do I have to make sure he finishes the payments?
Leila Matthews from Windvogel wrote:
For long periods of time the residents of Windvogel have had their water and electricity cut without warning. We pay our rates and taxes every month. I have written to the municipality on two separate occasions. What should I do to receive a more speedy and positive response?
Legal Aid South Africa's Eastern Cape regional communications practitioner David McGlew took the time to advise both Darren and Leila:
In the first matter there would have to be a specific acknowledgement of debt, agreed upon by the two parties involved, drawn up by a legal professional. The specific terms of the contract would apply in the case of non-payment, and at that stage legal action could be contemplated. There are no guarantees that people will adhere to these terms. If they do not comply, reverting to legal action via the courts is an option.
For Leila, it is doubtful whether there is a suitable, simple step-by-step response. This is a local government issue and should be taken up with the ward councilors. They are public servants and are obliged to represent the best interests of, and report back to, the community. There are legal ways of applying pressure in such circumstances, such as bringing the problem to the notice of the public via the media. Calling residents' meetings or starting a petition are alternatives.