Herbst and Another v City of Tshwane (32443.2015) [2016] ZAGPPHC 497 (27 May 2016)

Herbst and Another v City of Tshwane (32443.2015) [2016] ZAGPPHC 497 (27 May 2016)

The court found that the applicants misconstrued section 102(2) of the Municipal Systems Act and failed to lodge a formal dispute as required by the by-laws. The previous judgment by Kubushi J had already determined the core issues, and the applicants had withdrawn their appeal, rendering the matter res judicata. The relevant legislation and by-laws empower the municipality to terminate services when accounts are in arrears, even if the accounts are in different names or a dispute exists, provided minimum payments are made. The applicants failed to establish a prima facie right to relief, and the balance of convenience did not favour them. The court concluded that the applicants are not...

Citation
[2016] ZAGPPHC 497
Parties
Applicant: Petrus Louw Herbst; Applicant: Jacobs & Smilawski CC; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2016
Case Number
32443/15
Procedural Posture
Urgent Application / Interim Interdict Application Pending Action for Declaratory Relief
Outcome
Application dismissed with costs. Ancillary relief granted for calculation disclosure and temporary protection from service termination.
Judges
Kooverjie
Legal Topics
Municipal Services Termination, Credit Control by Law, Rates and Taxes Arrears, Interim Interdict, Section 102 Municipal Systems Act
Administrative Law Land and Property Municipal Services Termination Credit Control by Law Rates and Taxes Arrears Interim Interdict Section 102 Municipal Systems Act

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Parties

Petrus Louw Herbst

Applicant

Jacobs & Smilawski CC

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Pending Action for Declaratory Relief

Legal Issues

  1. 1 Whether the applicants are entitled to interim interdictory relief preventing the municipality from terminating water and electricity supply pending action.
  2. 2 Whether a dispute exists under section 102(2) of the Municipal Systems Act that prohibits debt collection or termination of services.
  3. 3 Whether the previous judgment by Kubushi J renders the matter res judicata.

Ratio Decidendi

The court found that the applicants misconstrued section 102(2) of the Municipal Systems Act and failed to lodge a formal dispute as required by the by-laws. The previous judgment by Kubushi J had already determined the core issues, and the applicants had withdrawn their appeal, rendering the matter res judicata. The relevant legislation and by-laws empower the municipality to terminate services when accounts are in arrears, even if the accounts are in different names or a dispute exists, provided minimum payments are made. The applicants failed to establish a prima facie right to relief, and the balance of convenience did not favour them. The court concluded that the applicants are not...

Court Disposition

Application dismissed with costs. Ancillary relief granted for calculation disclosure and temporary protection from service termination.

Orders

  • The application is dismissed with costs.
  • The respondent is ordered to furnish the applicant with a detailed updated calculation of the arrear amount in respect of rates and taxes, as well as the calculation method applied, within 5 days of the date of judgment.