Eskom SOC Ltd v Leeuw (UM 141/2020) [2021] ZANWHC 9 (25 February 2021)

Eskom SOC Ltd v Leeuw (UM 141/2020) [2021] ZANWHC 9 (25 February 2021)

The court found that although it held a different view on locus standi and Eskom's duty to supply electricity, another court may reasonably reach a different conclusion. The respondent, as property manager and caretaker, was found to have locus standi, and the evidence supported her direct interest. The court acknowledged conflicting interpretations regarding Eskom's statutory versus contractual obligations and the legality of the order to reconnect electricity. Given the reasonable prospects of success on appeal and the interests of justice, leave to appeal was granted to the Full Court. Costs of the application for leave to appeal were ordered to be costs in the appeal.

Citation
[2021] ZANWHC 9
Parties
Applicant: Eskom SOC Ltd; Respondent: Tshenolo Leeuw
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 February 2021
Case Number
UM 141/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Final Order
Outcome
Leave to appeal granted to the Full Court; costs of the application for leave to appeal to be costs in the appeal.
Judges
R D Hendricks
Legal Topics
Leave to Appeal, Locus Standi, Electricity Supply, Interim Relief
Civil Procedure Land and Property Leave to Appeal Locus Standi Electricity Supply Interim Relief

Case Brief

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Parties

Eskom SOC Ltd

Applicant

Tshenolo Leeuw

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Final Order

Legal Issues

  1. 1 Whether the respondent had locus standi to bring the application against Eskom.
  2. 2 Whether Eskom had a statutory or contractual duty to restore electricity supply and install a meter box.
  3. 3 Whether the order to reconnect electricity amounted to an illegality.

Ratio Decidendi

The court found that although it held a different view on locus standi and Eskom's duty to supply electricity, another court may reasonably reach a different conclusion. The respondent, as property manager and caretaker, was found to have locus standi, and the evidence supported her direct interest. The court acknowledged conflicting interpretations regarding Eskom's statutory versus contractual obligations and the legality of the order to reconnect electricity. Given the reasonable prospects of success on appeal and the interests of justice, leave to appeal was granted to the Full Court. Costs of the application for leave to appeal were ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the Full Court; costs of the application for leave to appeal to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of this division against the judgment and order.
  • The costs of the application for leave to appeal will be costs in the appeal.