Highlands CC v Matjhabeng Local Municipality (6835/2023) [2024] ZAFSHC 322 (19 September 2024)

Highlands CC v Matjhabeng Local Municipality (6835/2023) [2024] ZAFSHC 322 (19 September 2024)

The court found that the respondent failed to provide evidence that the applicant requested the installation of the bulk electricity meter or consented to the removal of individual meters. The respondent's explanation regarding the absence of records and the official's departure was deemed unacceptable, especially given technological advancements. The applicant consistently denied giving consent and attempted to resolve the dispute with the municipality, which failed to assist. The respondent's version was rejected as implausible and untenable. The court held that the respondent acted unlawfully in disconnecting the individual meters and installing the bulk meter without proper authority...

Citation
[2024] ZAFSHC 322
Parties
Applicant: Highlands Court CC; Respondent: Matjhabeng Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 September 2024
Case Number
6835/2023
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application granted in favour of the applicant.
Judges
Chesiwe
Legal Topics
Municipal Systems Act, Unlawful Disconnection, Electricity Supply, Bulk Metering, Residential Tariff
Administrative Law Land and Property Municipal Systems Act Unlawful Disconnection Electricity Supply Bulk Metering Residential Tariff

Case Brief

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Parties

Highlands Court CC

Applicant

Matjhabeng Local Municipality

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the disconnection of individual electricity meters by the municipality was unlawful.
  2. 2 Whether the installation of the bulk electricity meter by the municipality was unlawful.
  3. 3 Whether the applicant is entitled to reconnection of individual meters and removal of the bulk meter.

Ratio Decidendi

The court found that the respondent failed to provide evidence that the applicant requested the installation of the bulk electricity meter or consented to the removal of individual meters. The respondent's explanation regarding the absence of records and the official's departure was deemed unacceptable, especially given technological advancements. The applicant consistently denied giving consent and attempted to resolve the dispute with the municipality, which failed to assist. The respondent's version was rejected as implausible and untenable. The court held that the respondent acted unlawfully in disconnecting the individual meters and installing the bulk meter without proper authority...

Court Disposition

Application granted in favour of the applicant.

Orders

  • The respondent is ordered to immediately remove the bulk electricity meter installed at Highland Court, 84 Highland Avenue, Virginia and simultaneously reconnect the electricity supply to each separate and individual unit in the building through the existing separate individual electricity meters assigned to each unit.
  • The respondent is to henceforth, and with effect from the date of this order, raise charges for the supply of electricity through each of the separate individual electricity meters according to the residential tariff which was applicable at the time that the respondent disconnected the electricity supply to the...