Poor service delivery by municipalities has become a reality for many consumers in South Africa. Ratepayers, such as the Moqhaka Rate Payers and Residents Association, have resorted to refusing to pay rates. Their case is currently awaiting judgment in the Constitutional Court (Rademan v Moqhaka Municipality and Others). The Consumer Protection Act applies to service delivery by the State and includes the provision of water, electricity, waste removal etc. Why then could consumers not bring claims against their municipality up until now?