The prepaid water meters introduced by the City of Johannesburg are unlawful because they do not comply with laws that require warnings before water is cut off for non-payment, the Constitutional Court heard on Wednesday.

"Prepaid metres are not compatible with the Water Services Act because the Water Services Act does demand a hearing before people are cut off," said Wim Trengove, arguing for a group of Phiri residents on the meters installed in the suburb of Soweto.

Trengove submitted that at the time the residents took the matter to the High Court, the city's bylaws did not make allowance for representations when residents ran out of credit.

In a session run by Deputy Chief Justice Dikgang Moseneke, while Chief Justice Pius Langa takes time off to grieve for his wife Beauty who passed away on Sunday, Trengove said a system of representation had since been introduced.

However, Trengove said the city still did not have bylaws that governed the cut offs and people had complained that the system of representations did not work.

The city invites people who run out of credit to visit a social worker who may grant an indulgence of more water.

But, said Trengove: "There is a huge dispute as to whether it is functional at all."

The matter arose when the city introduced a project called Operation Gcin' amanzi to curb water losses and improve payments for water.

Phiri became the pilot project and pre-paid meters or yard taps were installed.

Previously, Soweto residents had received water with a flat rate charge.

But many people did not pay for their water and actual consumption outstripped expected consumption.

The residents believe the introduction of the meters was forced on them, without consultation, that the meters were not authorised by national legislation or municipal bylaws, and that only 6 kilolitres of water did not provide the constitutionally promised access to sufficient water where more than four people occupied a stand.

More than four meant less than 50 litres per person per day, which the residents argued, was the minimum amount that was "sufficient".

The City is expected to present its side of the matter later.

After winning in the High Court in Johannesburg, the City challenged this in the Supreme Court of Appeals.

Some aspects of this case, which were ruled against by the SCA, are now being appealed in the Constitutional Court.

Meanwhile, police appeared to be ready for an expected show of support later at the court by the affected residents, with a few officers inside the court and vans parked outside.

The matter has been bubbling for years, starting with protests by residents and their various court applications.

Many elderly residents of Phiri arrived during the tea adjournment to show their support, filing into the court lobby quietly to watch proceedings on a television set up there.

Sapa