Darries and Others v City of Johannesburg and Others (08/22689) [2009] ZAGPJHC 6; 2009 (5) SA 284 (GSJ) ; [2009] 3 All SA 277 (GSJ) (3 April 2009)

Darries and Others v City of Johannesburg and Others (08/22689) [2009] ZAGPJHC 6; 2009 (5) SA 284 (GSJ) ; [2009] 3 All SA 277 (GSJ) (3 April 2009)

The court held that the relevant statutory and by-law framework requires notice and an opportunity to make representations only to the customer who has contracted with the municipality or its agent for electricity supply, not to tenants who have no direct contractual relationship. The applicants, as tenants, are not entitled to procedural fairness from the municipality under PAJA or the by-laws, but may seek remedies against their landlord. The limitation of any rights is justified under section 36 of the Constitution, given the legitimate governmental purpose of ensuring sustainable municipal services and the impracticality of requiring notice to all tenants. The by-laws do not infringe...

Citation
[2009] ZAGPJHC 6
Parties
Applicant: Deidre Leanda Darries; Applicant: Occupiers of Ennerdale Mansions, Stand 158 Percy Street, Ennerdale; Respondent: City of Johannesburg; Respondent: City Power (Pty) Ltd; Respondent: Member of the Executive Council for Local Government, Gauteng; Respondent: Thomas Nel
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 April 2009
Case Number
08/22689
Procedural Posture
Urgent Application / Final Determination on Merits After Dismissal of Urgent Relief
Outcome
Application dismissed. Each party to pay their own costs.
Judges
Jajbhay
Legal Topics
Promotion of Administrative Justice Act, Municipal Services, Procedural Fairness, Bill of Rights Limitation, Adequate Housing, Termination of Electricity Supply
Administrative Law Constitutional Law Promotion of Administrative Justice Act Municipal Services Procedural Fairness Bill of Rights Limitation Adequate Housing Termination of Electricity Supply

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Parties

Deidre Leanda Darries

Applicant

Occupiers of Ennerdale Mansions, Stand 158 Percy Street, Ennerdale

Applicant

City of Johannesburg

Respondent

City Power (Pty) Ltd

Respondent

Member of the Executive Council for Local Government, Gauteng

Respondent

Thomas Nel

Respondent

Procedural Posture

Urgent Application / Final Determination on Merits After Dismissal of Urgent Relief

Legal Issues

  1. 1 Whether the respondents are required by law to give notice and allow representations to tenants before disconnecting electricity supply to a building.
  2. 2 Whether the disconnection of electricity supply without notice to tenants infringes constitutional rights under sections 26 and 33 of the Constitution.
  3. 3 Whether the relevant by-laws and statutory framework require procedural fairness towards non-contracting occupants.

Ratio Decidendi

The court held that the relevant statutory and by-law framework requires notice and an opportunity to make representations only to the customer who has contracted with the municipality or its agent for electricity supply, not to tenants who have no direct contractual relationship. The applicants, as tenants, are not entitled to procedural fairness from the municipality under PAJA or the by-laws, but may seek remedies against their landlord. The limitation of any rights is justified under section 36 of the Constitution, given the legitimate governmental purpose of ensuring sustainable municipal services and the impracticality of requiring notice to all tenants. The by-laws do not infringe...

Court Disposition

Application dismissed. Each party to pay their own costs.

Orders

  • The application is dismissed.
  • Each party is ordered to pay their own costs.