Cameroon Public Utilities Forum
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Cameroon Public Utilities Forum
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Test Case In Court
------------------------------------------------ Many people face immense hurdles to obtain good services from the National Water Corporation (SNEC) and other utility services in Cameroon. Complaints to SNEC, for example, do not often get prompt and satisfactory responses. Getting redress from utility services through courts is not also easy. It involves great inconveniences, hardships and immense financial sacrifices that scare many from seeking justice when they have legitimate utility service complaints. Utility services thus appear to enjoy a kind of immunity from prosecution, thanks to the rules in force! This is a reason why several utility services appear in no hurry to respond adequately to existing customer demands. What hope is there? The Constitution of Cameroon mandates the supply of utility services to everybody, without discrimination, in the shortest possible time. Rules that prevent realisation of the Constitutional mandate are illegal, and should be identified and expunged from our statute books. Other policies and regulations may also be needed. They have to be properly formulated, debated and agreed. Officials exercising the state power of the people of Cameroon, in Courts, in Parliament and in the Executive, must be compelled to implement the rules and policies fairly. We must not all drop our guard to see to it that our civil servants work in our best interest. Hence the decision to file Suite No. CFIK/11/2008 of 04/04/08 between Mr. Mbwoge Daniel Mbong (Plaintiff) and the National Water Corporation, SNEC (Defendant) in the Kumba Court of First Instance, as a test case. This followed repeated failures of SNEC to respond to Mr. Mbwoge's legitimate complaints to the corporation. It is a test case of huge importance, as it provides great opportunity to take stock and question our commitment as citizens to ensure that our society is properly served by its institutions and people. Lessons drawn from the way this case is dealt with could apply to other utility services that are vital to our welfare in society. The suit is important on several other fronts as it is about arbitrary billing, inattention and unresponsiveness to customer complaints, undue penalty charging and general company negligence. It provides opportunity for the public to learn whether or how:
Press Conferences are regularly held and Press Releases put out to bring public attention to developments in the case. The first Press Conference took place on World Water Day (20/03/08). The second was held on 17/04/08. Prior to it, SNEC was served with a Statement of Claim from the court on 14/04/08 together with an invitation to attend the second Press Conference. They did not attend the meeting. Instead, on 18/04/08, following the Press Conference, they disconnected Plaintiff by removing his water meter in the afternoon, and thereby depriving him of water supply without putting him on notice, as required by law. Since then, he has been without water through no fault of his own. SNEC is continuing to punish him for complaining about their inadequate services to him. Monday April 28, 2008, a day before the first court hearing, SNEC returned Plaintiff's meter (with reading "17999")and reconnected his water supply, following 10 days of illegally depriving him of water supply he has duly subscribed to. Tuesday April 29, 2008, hearing adjourned to ... --------------------------------------------------------
----------------------------------------------------------- Cases are filed in court registries. This particular case file reached the Registrar-in-Chief, Ms. Apongwa Nji Elizabeth, on April 4, 2008. She indicated in writing that the registry required down payments of a filing fee of 28,400 FCFA and a deposit of 50,000 FCFA (see the "Money incomplete" notice she issued). On April 10, 2008, She finally accepted the 28,400 FCFA as filling fee (see receipt No. 13740035 issued by the Revenue Collector) and 20,000 FCFA as "deposit for Stamp Duty" (see note issued as receipt by the Registrar-in-Chief). Also, when it came to getting a Hearing Notice to serve SNEC, we where told hearing notices usually cost 2,000 FCFA. But, because of the apparent public importance of this particular suit and the serious payment justification pressure that come with it, the Clerk of Court, Mr. Samuel Nkengfack, waived the fee. The apparent arbitrary manner or flexibility with which registry officials decided the amounts of money to demand, accept or waive in this case prompted requests from us to see the authorising texts. None was forthcoming. ----------------------------------------------------------- Court Rules and Ways of Working From the Court Registry case files go to the President of the Court, who assigns the suit to a court, from whose registry a court hearing notice is obtained. Our test case file has been assigned to court 2, and hearing of the suit has been fixed for April 29, 2008. The rules and regulations governing courts and their registries include:
------------------------------------------------------------ The first hearing of the suit has been slated for Tuesday April 29, 2008 in Court 2. You are welcome to attend the court session. It is a public hearing and free of charge. Since SNEC removed Plaintiff's meter and disconnected him from water supply, Plaintiff has been without water. He will be applying to the Court to have his meter returned, and his water supply restored, immediately, as water is such a basic necessity to life. Also, Plaintiff's damages are increasing with his suffering. His revised Statement of Claim will be tendered in Court. ----------------------------------------------------------- Bringing a case to court involves great inconveniences, hardships and immense financial sacrifices. These can include: Bailiff's services for locus visit (15,000 FCFA); Bailiff's service of writs (10,000 FCFA each); Counsel's consultation charge (25,000 FCFA); Counsel's other fees (variable); court filing fee (28,400 FCFA); deposit for "Stamp Duty" (variable); hearing notice charge (up to 2,000 FCFA per notice). Plus transport costs for the various go and come movements, since court and other officials are not always on seat or cases are repeatedly adjourned and some of the requested sums of money appear negotiable or illegally authorised. Courts appear to have become real money making machines for the State and its officials. Without the money and seeming endless time to spare, getting a hearing in court becomes impossible. What responsiveness and accountability can we expect from our institutions, when it is so difficult to even get to court? And, when we are heard in court, what justice can we expect with the court rules in force and ways of working? Hence the need for continuing public information through Press Conferences, Press Releases and Public Education Campaigns. We must all rise up to our responsibilities. Let us work together and make our society a better place to live in. -----------------------------------------------------------
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Cameroon Public Utilities Forum is a project initiative of EITD Research (Research for
Enterprise, Industries, Technology and Development)
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