Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Another (A318/2021) [2022] ZAGPPHC 820 (14 October 2022)

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Another (A318/2021) [2022] ZAGPPHC 820 (14 October 2022)

The court held that Acting Judge Vorster retained authority to adjudicate the section 18(3) application under section 48 of the Superior Courts Act, as the proceedings were connected to his prior judicial involvement. The appellants' failure to file an answering affidavit, due to their refusal to recognize the judge's authority, justified the application proceeding unopposed. The court found that reasons for the order were furnished both orally and in writing, satisfying section 18(4)(i). The appellants admitted substantial indebtedness to Eskom, and their prospects of success on appeal were found to be virtually non-existent. Exceptional circumstances existed due to the municipality's...

Citation
[2022] ZAGPPHC 820
Parties
Appellant: Emfuleni Local Municipality; Appellant: Dithabe Nkoane N.O.; Respondent: Eskom Holdings SOC Ltd; Respondent: National Energy Regulator of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2022
Case Number
A318/2021
Procedural Posture
Civil Appeal / Appeal Against Section 18(3) Execution Order
Outcome
Appeal dismissed with costs, including costs of two counsel where so employed.
Judges
Collis, Makhoba, Bam
Legal Topics
Superior Courts Act Section 18, Execution Pending Appeal, Acting Judge Authority, Municipal Debt, Electricity Supply Agreement
Civil Procedure Commercial and Corporate Superior Courts Act Section 18 Execution Pending Appeal Acting Judge Authority Municipal Debt Electricity Supply Agreement

Case Brief

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Parties

Emfuleni Local Municipality

Appellant

Dithabe Nkoane N.O.

Appellant

Eskom Holdings SOC Ltd

Respondent

National Energy Regulator of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Section 18(3) Execution Order

Legal Issues

  1. 1 Whether Acting Judge Vorster had authority to adjudicate the section 18(3) application after his acting appointment ended.
  2. 2 Whether the failure to immediately record reasons under section 18(4)(i) rendered the order a nullity.
  3. 3 Whether the summary judgment execution order was properly granted pending appeal.

Ratio Decidendi

The court held that Acting Judge Vorster retained authority to adjudicate the section 18(3) application under section 48 of the Superior Courts Act, as the proceedings were connected to his prior judicial involvement. The appellants' failure to file an answering affidavit, due to their refusal to recognize the judge's authority, justified the application proceeding unopposed. The court found that reasons for the order were furnished both orally and in writing, satisfying section 18(4)(i). The appellants admitted substantial indebtedness to Eskom, and their prospects of success on appeal were found to be virtually non-existent. Exceptional circumstances existed due to the municipality's...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where so employed.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel where so employed.