Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)
The court found that the applicant had established its entitlement to the arrear amounts for electricity, water, and levies, and that the respondents had failed to make payment despite demand. The court held that the applicant is authorized to disconnect the electricity supply and restrict water supply to the...
Source-derived case information.
- Citation
- [2015] ZAGPJHC 349
- Parties
- Applicant: Cathkin Peak South Body Corporate; Respondent: Thembekile Priscilla Muriel Johnson; Respondent: Maureen Mncwango
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2015/33371
- Procedural Posture
- Urgent Application / Final Order
- Outcome
- Application granted. Orders made authorizing disconnection of electricity, restriction of water supply, payment of arrears, and costs against respondents.
- Judges
- Mailula
- Legal Topics
- Sectional Title Scheme Management, Arrear Utilities, Levy Collection, Utility Disconnection
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cathkin Peak South Body Corporate
Applicant
Thembekile Priscilla Muriel Johnson
Respondent
Maureen Mncwango
Respondent
Procedural Posture
Urgent Application / Final Order
Legal Issues
- 1 Whether the applicant is entitled to disconnect electricity supply to the respondents' premises due to non-payment of arrears.
- 2 Whether the applicant may restrict water supply to the respondents' premises for non-payment.
- 3 Whether the respondents are liable for unpaid levies, electricity, and water charges.
Ratio Decidendi
The court found that the applicant had established its entitlement to the arrear amounts for electricity, water, and levies, and that the respondents had failed to make payment despite demand. The court held that the applicant is authorized to disconnect the electricity supply and restrict water supply to the premises unless full payment is made. The respondents are liable for the specified arrear amounts and for the costs of the application on an attorney and client scale. The orders granted are necessary to enforce the applicant's rights under the sectional title scheme and to ensure compliance with its financial obligations.
Court Disposition
Application granted. Orders made authorizing disconnection of electricity, restriction of water supply, payment of arrears, and costs against respondents.
Orders
- The applicant is authorized to terminate the supply of electricity to the respondents' premises unless full arrear payment of R29,690.54 is made.
- The Sheriff is authorized to grant access to an electrician appointed by the applicant to disconnect electricity supply.
Full Case Text
Judgment text and source record
29 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
CASENO: 2015/33371
P/HNO:0
JOHANNESBURG, 11 November 2015
BEFORE THE HONOURABLE JUDGE MAILULA
In the matter between:-
CATHKIN PEAK SOUTH BODY CORPORATE Applicant
and
THEMBEKILE PRISCILLA MURIEL JOHNSON 1st Respondent
MAUREEN MNCWANGO
2nd Respondent
HAVING read the documents filed of record and having considered the matter:-
IT IS ORDERED THAT:-
1.1. The Applicant is authorized to terminate the supply of electricity to the premises owned by the Respondents, being Sectional Title Unit [....], Door Number [....], Cathkin Peak South, [....] D [....] Avenue, Windsor East ("the premises"), which the Respondents occupy, unless the Respondents make payment of the full arrear electricity figure in the amount of R29 690.54.
1.2. The Sheriff of the Honourable Court is authorised to grant an electrician, appointed by the Applicant, access to it in order to disconnect the electricity supply to the premises.
1.3. The Respondents are prohibited from tampering with anything installed or removed by the electrician, so as to reconnect the power supply to the premises.
ClaimB:
2.1. The Applicant is authorised to restrict and/or limit the supply of water to the premises in the amount of 60001 (Six Thousand litres) per month, unless the Respondents make payment of the full arrear amount of R7308.04 in respect of water supply to the premises.
2.2. The Sheriff of the Honourable Court is authorised to grant a contractor, appointed by the Applicant, access to it in order to restrict and/or limited the water supply to the premises as prayed for in prayer 2.1 above.
2.3. The Respondents are prohibited from tampering with anything installed or removed by the contractor, so as to reconnect the water supply to the premises.
Claim C:
3.1. The Respondents are to pay the Applicant an amount of R30 939.00 for unpaid levies.
3.2. The Respondents are to pay the Applicant an amount of R29 690.54 for unpaid electricity.
3.3. The Respondents are to pay the Applicant an amount of R7 308.04 for unpaid water.
ClaimD:
4.1. The Respondents are to pay the costs of this application on an attorney and client scale.
BY THE COURT
REGISTRAR