Cimex Afrique (Pty) Limited v Ethekwini Municipality (1063/2002) [2002] ZAKZHC 1 (16 August 2002)

Cimex Afrique (Pty) Limited v Ethekwini Municipality (1063/2002) [2002] ZAKZHC 1 (16 August 2002)

The court found that the respondent failed to act fairly and equitably in discontinuing the water supply to the applicant's premises. The applicant had engaged in negotiations as invited by the respondent's notice, and the correspondence between the parties indicated that discussions were ongoing up to the date of disconnection. The respondent disconnected the water supply before the conclusion of these discussions and before the applicant received the necessary information. This conduct did not comply with the requirements of fairness and equity as mandated by section 4(3)(a) of the Water Services Act. The rule nisi was accordingly confirmed.

Citation
[2002] ZAKZHC 1
Parties
Applicant: Cimex Afrique (Pty) Limited; Respondent: Ethekweni Municipality
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
16 August 2002
Case Number
1063/2002
Procedural Posture
Urgent Application / Return Day of Rule Nisi
Outcome
The rule nisi is confirmed. The respondent is ordered to reconnect the water supply to the applicant's premises and to pay the costs of the application.
Judges
Msimang
Legal Topics
Water Services Act, Fair and Equitable Procedure, Municipal Services Disconnection
Administrative Law Civil Procedure Water Services Act Fair and Equitable Procedure Municipal Services Disconnection

Case Brief

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Parties

Cimex Afrique (Pty) Limited

Applicant

Ethekweni Municipality

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi

Legal Issues

  1. 1 Whether the respondent's discontinuation of water supply to the applicant's premises was fair and equitable in terms of section 4(3)(a) of the Water Services Act 108 of 1997.
  2. 2 Whether the respondent complied with its statutory obligations before disconnecting the water supply.

Ratio Decidendi

The court found that the respondent failed to act fairly and equitably in discontinuing the water supply to the applicant's premises. The applicant had engaged in negotiations as invited by the respondent's notice, and the correspondence between the parties indicated that discussions were ongoing up to the date of disconnection. The respondent disconnected the water supply before the conclusion of these discussions and before the applicant received the necessary information. This conduct did not comply with the requirements of fairness and equity as mandated by section 4(3)(a) of the Water Services Act. The rule nisi was accordingly confirmed.

Court Disposition

The rule nisi is confirmed. The respondent is ordered to reconnect the water supply to the applicant's premises and to pay the costs of the application.

Orders

  • The respondent is directed to forthwith reconnect the water supply to the applicant's premises at 28 Nipper Road, New Germany.
  • The respondent is ordered to pay the costs of the application.