UGU mass lawsuit for change
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UGU DISASTER AGAIN- LESSONS NOT LEARNED FROM DECEMBER 2016 AND DISASTER MANAGEMENT PLANS NOT IN PLACE
On 11 August the media reported that UGU workers again threatened to sabotage the system due to unhappiness regarding cost saving measures UGU wanted to implement, like cuts on overtime. Ugu workers got away with this sabotage back in December 2016 and no action was taken or feedback from the police made public on whether culprits were caught, or even whether a case was opened. A precedent was set by UGU back in December 2016 to the criminal employees within UGU, that nothing will happen to them and they can freely sabotage the water of residents and play around with the Human right of water at will, if they do not get their way. A few days after this report areas all over the South coast of KZN again started experiencing no water supply. This carried on and until 30 September , and is still doing so...there is still no solution for many places in sight. Water would run at night and suddenly be cut in the daylight hours again. Some northern areas have been without water for up to 15 days. A complete violation of human rights of affected south coast residents. Criminal behavior is not being dealt with as UGU is in survival mode and had to call in Traditional and Environmental affairs as well as specialists to try restore water. The question remains - UGU WHERE IS YOUR DISASTER MANAGEMENT PLAN? THIS IS THE SECOND POSSIBLY THIRD SIMILAR DISASTER YOU HAVE HAD IN THE LAST 2 YEARS!
UGU mass Lawsuit Petitioning Campaign seek to bring attention to the severe service delivery failure of UGU, over the last 3 years. It seeks to lay charges against criminals sabotaging water supply. It seeks to get the media involved to expose what is going on with supply, it seeks retribution against those that are too incompetent to ensure a disaster management plan is in place, it further seeks to have the municipality investigated for incompetence and to have the municipality placed under an Administration Order , as it is clear that Incompetence is at the root of the problem, in the maintenance and in the planning and executing of its responsibilities to deal with criminal staff, run its processes correctly within UGU and prevent disasters of this nature. Further to this there are bankruptcy claims - again possibly incompetence to read its meters, do its books, use its recources wisely as water sprays for days while procurement follows severe red tape procedures and theft of water.
The goal of the petition is to make known to UGU that this is not the problem of the south coast residents, they are to root out the criminals and safeguard the plants and pipelines. They need to have a meeting with their workers and inform them of the harsh prison sentences that could be handed down if caught tampering with essential services equipment. They are to inform these workers that it will not be tolerated. None of this has taken place, sending a message that it is OK to do as they please with infrastructure and peoples rights. They target the holiday seasons
The UGU mass lawsuit has reached 2300 petitioners and seek to start off by consulting an attorney immediately, opening criminal cases on behalf of all residents who signed this petition, against these UGU employees. The representative of this petition have written a letter to UGU giving them until 5 October to reply (read the letter under the letter box) once this deadline has passed the matter will be brought to the attention of the Public Protector and the Human Rights commission for the violation of Human Rights and failure in service delivery. The matter will furthermore be send to media channels like Carte Blanche to expose the entire disaster to the rest of South Africa. THIS PETITION REQUIRE 7000 SIGNATURES /7000 PEOPLE WHO ARE WILLING TO CONTRIBUTE R100 EACH TO TAKE UGU ON IN A MASS LAWSUIT. This quantity is required to litigate and the UGU mass Lawsuit petition will be creating a Group of Facebook to grow its numbers, even if this goes into 2018 ... the lawsuit petition will remain open.... until the full number of residents required to take action civilly is reached, as UGU will fail in its duties again, this is certain.
Pledge your R100 today, by signing and sharing and helping us campaigning, no monies will be collected unless numbers are reached and will only be collected once a trust was established and public meetings were held. Other actions listed above have already commenced. We need your voice, speak up against this service failure, you do have rights, share this petition and look out for our UGU MASS LAWSUIT group on facebook... coming soon.
Read below regarding a similar UGU disaster in December 2016..................
UGU DISASTER STILL IN PROGRESS - 10 DAYS ! IT'S JUST A MATTER OF TIME BEFORE WE GO THROUGH THE NEXT UGU CRISIS..... Tired of Poor service delivery? Days without water... Loss of Income suffered and time taken to FIND water during cut off periods.. Not to talk about dirty water almost weekly! Our human rights to water and sanitation are violated... criminal conduct in cutting water is rampant... hospitals without water risk patients life's... it's attempted murder! This petition is to assess how many south coast community families are willing to contribute R100 to a fund to initiate a mass law suit against UGU, a lawsuit by the people of the south coast, against the criminal behavior and the loss of human rights which is protected under our Constitution. To hold these Ugu people accountable for the loss of foresight for not being prepared for such a disaster, who has no disaster plan in place or completely lack the ability to safeguard water plants against criminal conduct. Who's government officials have gone into hiding during this December 2016 disaster. Now we told by DD Naidoo criminal charges were layed but details can;t be given! Against whom? All 100+ employees who all had a wrench closing pumps? UGU LIED SANLAM DOES NOT MANAGE PENSIONS SO WHO OWES THE PEOPLE UGU? WHAT HAVE YOU DONE WITH THE PENSION MONEY? CORRUPTION ANOTHER ISSUE THAT NEEDS TO BE INVESTIGATED. We need 7500 families to sign this petition that they willing to contribute a R100 for their family thereby raising R750000 to enable us to take this matter further, you can change your mind at any stage for contribution, we need to get the real reason behind the water disaster, to bring a civil suit of damages and to investigate the laying of criminal charges. WE NEED TO COMMIT TO PRIVATE INVESTIGATION , DEMAND THE AUDIT OF UGU'S BOOKS AND OUTSIDE LEGAL REPRESENTATION ON BEHALF OF THE PEOPLE OF THE SOUTH COAST. UGU WE SAY TO YOU AND EVERY OTHER GOVERNMENT ORGANISATION WHO FAILS US FROM NOW ON.... WE WILL TOLERATE IT NO MORE! Please sign and put down your email address so we can be in contact, progress on the way forward will be communicated once we have received 6000 - 7500 signatures of interest. At 2500 signatures an attorney will be consulted at 5000 signatures auditors will be appointed to register a fund for contribution, they will administer and pay from the fund on behalf of the people. At no time will collection of public funds begin until full exposure to the suit is given via the media and all contact details and legal information was made public, we need to reach a minimum of 6000 to commence collection, to consult with an attorney on a civil suit against UGU - no collection will be taking place if we do not reach our target of interest. Any person that signs this petition is entitled up to collection date to withdraw and not contribute. Please share this petition. Please take a moment to quantify a R100 - its a take away meal, or one home-cooked meal's ingredients for a small family or 5 x 5 liters of water which I am sure you have spend already! This R100 buys you your voice to make a statement and to claim damages for all residents who signed this petition and contributed, against loss and emotional distress. DO NOT ONLY COMPLAIN PLEASE JOIN - TOGETHER WE CAN SUCCEED. POWER TO THE PEOPLE .
- UGU district municipality
DD Naidoo Municipal manager
- Public Protector
Public Protector Advocate Nkosi
- Human Rights commission
Ms Gail Smith
OFFICIAL EMAIL SEND REQUIRING A REPLY BY 5 OCTOBER 2017:
From: Public Protection A constitutional right [mailto:firstname.lastname@example.org]
Sent: 26 September 2017 03:24 PM
To: DD.Naidoo@ugu.gov.za; Zimbini.Ntlongula@ugu.gov.za; France.Zama@ugu.gov.za; Makhosi.Gobhozi@ugu.gov.za; Melanie.Olivier@ugu.gov.za; Lungile.Cele@ugu.gov.za; Rowan.Mlambo@ugu.gov.za
Subject: IMMEDIATE ACTION AND PENDING LEGAL ACTION - SOUTH COAST RESIDENTS VERSUS UGU DISTRICT MUNICIPALITY
ATTENTION : MR DD NAIDOO / UGU MANAGEMENT
I act on behalf of 1826 South Coast residents - who signed the attached petition thus far "UGU Mass Lawsuit for Change"
We hereby officially notify you of our intention to take further action against you for the following failures of Ugu and as the residents of the South Coast we make it clear that:
1) We will no longer accept your shoddy, delayed and poor service delivery
2) We will not accept the lawless and criminal behaviour by your staff in the sabotage of the water system and will lay criminal charges
3) We will no longer look on while UGU do not take action against these criminals within its employment
4) We will legally hold you responsible for the violation of our rights to water
5) We will expose your service delivery to the entire country via the media and legal channels including Carte Blanche
6) We will claim for losses for businesses and individuals who suffered damage or loss during your non service delivery periods in our Mass Law suit
7) We will no longer accept your avoidance in communication to us as residents, on what the true reasons are for your service failure
8) We have warned you via many initiatives to sort out your infrastructure and service and yourare unable to do so, leaving us no further alternative but to take action
9) We demand by return email or a press release to announce the real reasons for the water cuts- again during holidays-and after your staff threatened to again sabotage the system
10) Any lawsuit taken up against you will be for the violation of human rights, our constitutional rights and our right to just administration action, we will also institute damage claims, as you are responsible for the actions of your employees.
11) We will not be held for ransom by Ugu employees due to the sabotage of our water supply
12) We pay you for a service and we expect this service to be performed, rates and monthly charges applicable should be adjusted and credited accordingly to all residents, compensating us for not receiving the service that we are being charged for.
You set a precedent back in December that it is "OK" for your staff to sabotage the system and that they will get away with it, due to your lack of taking legal action against these staff members, resulting in them now being able to hold us for ransom with sabotage of our water system again.
You failed to upgrade the water system, you fail to maintain the water system, your red tape sees leaks standing for days to weeks before all your quotes are analysed for a supplier, before go ahead is given, this UGU is not our problem. You waste our water and you waste our time and create turmoil in our lives.
We therefore notify you of the action that will immediately be taken by us, the South Coast Residents, who have joined this petition:
***** The water problems over the last year, the criminal behaviour and the lack of service delivery is to be reported to the Public Protector (as one voice as Residents of the South Coast), we have the right proper service delivery.
***** The violations to our human rights will be lodged (as one voice as Residents of the South Coast) with the Human Rights commission
***** Criminal charges of sabotage will be laid against your employees for holding us for ransom (as one voice as Residents of the South Coast)
***** All our records on UGU, its service delivery failures will be forwarded to media platforms like carte blanche to expose your municipality (as one voice as Residents of the South Coast)
***** A class suit (mass law suit) will be instituted against you requesting you be put under Administration and damages will be claimed, as all residents joining this petition contribute to a trust fund, to fund this lawsuit against you. We will keep this petition open until the day we lodge our suit and will allow more residents to join.
We have given you enough chances to sort out your internal issues which you have not dealt with, some areas have been without water for 10 days or longer and it is certain it will be off the entire holiday season as it was in December, to sabotage the reliance businesses have on tourism, to deliberately cause distress for residents and threaten the survival of the coast for visitors who will not return in future.
You may contact me directly on this email address, if no reply is received from you by 5 October on the exact cause of the new crisis, again happening during holiday season, the action outlined above will be taken immediately following this date. We also require a report to be made public how UGU will deal with its infrastructure problem and internal red tape causing delays in service delivery. A detailed plan with timelines on solving UGU issues internally that affect our service delivery is our right.
If your municipality is not able to deliver these plans it would certainly be in our interest to request through a legal suit that your municipality be put under Administration as it is then evident your management are not managing the municipality, to provide us with the service delivery we pay for and do not receive.
Once the deadline of 5 October is reached without any reply from you, we will call public meetings with residents to sign up the required full number of residents to follow through all required steps financially, as listed above.
Attached please find details of the UGU mass lawsuit petition, announcements made in social media and recent speculative information that your staff again was planning to sabotage the system. Files have been opened and all channels will be utilised to collect the required information for our Class suit against you.
We urge you to take this email very seriously as there will be no further notices unless delivered via legal channels. Your urgent feedback is required. We demand the immediate restoration of our water supply and that you take whatever action is required to achieve this.
Take note that this email has been posted on Social Media platforms as it is from all South Coast residents and transparency will be upheld at all times.
Mrs IS Botha
Acting on behalf of the KZN South Coast Residents that form part of the petition "UGU MASS LAWSUIT"
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