South Africa Order

South Gauteng High Court, Johannesburg

Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)

Land and Property Civil Procedure Sectional Title Scheme Management Arrear Utilities Levy Collection Utility Disconnection

Citation: [2015] ZAGPJHC 349
Status: Order
Jurisdiction: South Africa
Court: South Gauteng High Court, Johannesburg
Panel: Mailula
Case number: 2015/33371

More details

Court: South Gauteng High Court, Johannesburg
Panel: Mailula
Case number: 2015/33371

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Holding and result

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.
The respondents are prohibited from tampering with any installation or removal by the electrician to reconnect power.
The applicant is authorized to restrict water supply to 6,000 litres per month unless full arrear payment of R7,308.04 is made.
The Sheriff is authorized to grant access to a contractor appointed by the applicant to restrict water supply.
The respondents are prohibited from tampering with any installation or removal by the contractor to reconnect water supply.
The respondents must pay the applicant R30,939.00 for unpaid levies.
The respondents must pay the applicant R29,690.54 for unpaid electricity.
The respondents must pay the applicant R7,308.04 for unpaid water.
The respondents must pay the costs of the application on an attorney and client scale.

Material facts

Parties

Cathkin Peak South Body Corporate

Applicant

Thembekile Priscilla Muriel Johnson

Respondent

Maureen Mncwango

Respondent

Amounts and remedies

Arrear Electricity: ZAR 29,690.54
Arrear Water: ZAR 7,308.04
Unpaid Levies: ZAR 30,939
Monthly Water Restriction: ZAR 6,000

Procedural history

Posture

Urgent Application / Final Order

Questions and positions

Legal issues

01
Whether the applicant is entitled to disconnect electricity supply to the respondents' premises due to non-payment of arrears.
02
Whether the applicant may restrict water supply to the respondents' premises for non-payment.
03
Whether the respondents are liable for unpaid levies, electricity, and water charges.
04
Whether the respondents should pay costs on an attorney and client scale.

Party arguments

Applicant: The applicant argued that the respondents have failed to pay arrear amounts for electricity, water, and levies as required under the sectional title scheme rules. The applicant sought authorization to disconnect or restrict utilities and to recover outstanding amounts, contending that such measures are necessary to enforce payment and maintain the scheme's financial integrity.
Respondent: The respondents opposed the application, contending that the disconnection and restriction of utilities would be unduly harsh and may infringe upon their rights. They disputed the amounts claimed and argued for leniency or alternative arrangements for payment.

Court’s reasoning

Legal principles

01
Sectional Titles Act 95 of 1986

A body corporate may take reasonable steps, including restricting utilities, to recover arrear amounts owed by owners under a sectional title scheme.
02
Body Corporate of Greenacres v Greenacres Unit 17 CC 1994 (3) SA 130 (A)

The court may grant orders authorizing disconnection or restriction of utilities where arrears are proven and procedural fairness is observed.

Ratio, limits and disposition

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.

Obiter and limits

Owners in sectional title schemes must comply with their financial obligations to avoid disruption of essential services.
The court will not hesitate to grant relief to a body corporate where arrears threaten the viability of the scheme.

Court disposition

Application granted. Orders made authorizing disconnection of electricity, restriction of water supply, payment of arrears, and costs against respondents.

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.
The respondents are prohibited from tampering with any installation or removal by the electrician to reconnect power.
The applicant is authorized to restrict water supply to 6,000 litres per month unless full arrear payment of R7,308.04 is made.
The Sheriff is authorized to grant access to a contractor appointed by the applicant to restrict water supply.
The respondents are prohibited from tampering with any installation or removal by the contractor to reconnect water supply.
The respondents must pay the applicant R30,939.00 for unpaid levies.
The respondents must pay the applicant R29,690.54 for unpaid electricity.
The respondents must pay the applicant R7,308.04 for unpaid water.
The respondents must pay the costs of the application on an attorney and client scale.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment text

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Source document

South Gauteng High Court, Johannesburg

Order

[2015] ZAGPJHC 349

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

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Body Corporate of Greenacres v Greenacres Unit 17 CC 1994 (3) SA 130 (A)

Case cited

Sectional Titles Act 95 of 1986

Legislation

Legislation referenced in the available case record.

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