Danves and Others v City Power and Others (22689/08) [2008] ZAGPHC 424 (3 September 2008)

Danves and Others v City Power and Others (22689/08) [2008] ZAGPHC 424 (3 September 2008)

The applicants failed to establish a prima facie right to the reconnection of electricity because they did not have a direct contractual relationship with the second respondent, nor had they complied with the requirements of the by-laws for municipal services. Their contractual rights lie against the fourth respondent, the owner, not the municipal service provider. The by-laws and PAJA do not confer procedural fairness rights on persons who are not customers as defined therein. Consequently, the application for interim relief must be dismissed, and the constitutional challenge to the by-laws is not available to the applicants.

Citation
[2008] ZAGPHC 424
Parties
Applicant: Deidre Danves and Others; Respondent: City Power and Others
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
3 September 2008
Case Number
22689/08
Procedural Posture
Urgent Application / Application for Interim Relief (part A) and Declaratory Relief (part B)
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Tsoka
Legal Topics
Municipal Services, Credit Control and Debt Collection by Laws, Promotion of Administrative Justice Act, Procedural Fairness, Contractual Rights of Tenants
Administrative Law Land and Property Municipal Services Credit Control and Debt Collection by Laws Promotion of Administrative Justice Act Procedural Fairness Contractual Rights of Tenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Deidre Danves and Others

Applicant

City Power and Others

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief (part A) and Declaratory Relief (part B)

Legal Issues

  1. 1 Whether the applicants have a prima facie right to the reconnection of electricity to Ennerdale Mansions.
  2. 2 Whether the applicants are entitled to procedural fairness under the by-laws and PAJA before disconnection of electricity.
  3. 3 Whether the by-laws are unconstitutional to the extent that they do not impose a duty of procedural fairness on the respondents.

Ratio Decidendi

The applicants failed to establish a prima facie right to the reconnection of electricity because they did not have a direct contractual relationship with the second respondent, nor had they complied with the requirements of the by-laws for municipal services. Their contractual rights lie against the fourth respondent, the owner, not the municipal service provider. The by-laws and PAJA do not confer procedural fairness rights on persons who are not customers as defined therein. Consequently, the application for interim relief must be dismissed, and the constitutional challenge to the by-laws is not available to the applicants.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, including costs consequent upon the employment of two counsel.