Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024) [2025] ZAFSHC 194 (25 June 2025)

Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024) [2025] ZAFSHC 194 (25 June 2025)

The court found that the applicant had been in undisturbed quasi-possession of the right to electricity supply at his business premises since 2014, and that Eskom unlawfully deprived him of this right by disconnecting the supply without providing adequate notice as required by the Electricity Regulation Act. The SMS notifications sent by Eskom were deemed insufficient, lacking the necessary details and failing to comply with statutory or regulatory requirements. The absence of a formal contract did not preclude the applicant from holding a right deserving of possessory protection, as the supply of electricity was an incident of occupation and use of the property. The applicant had...

Citation
[2025] ZAFSHC 194
Parties
Applicant: Justice Benjamin Segomotso Moloabi; Respondent: Eskom Holdings Soc Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 June 2025
Case Number
6116/2024
Procedural Posture
Urgent Application / Confirmation of Rule Nisi Following Urgent Spoliation Application
Outcome
The Rule Nisi is confirmed with costs on scale B.
Judges
Chesiwe
Legal Topics
Mandament Van Spolie, Quasi Possessio, Electricity Supply Disconnection, Notice Requirements, Statutory Rights, Contractual Relationship
Civil Procedure Land and Property Administrative Law Mandament Van Spolie Quasi Possessio Electricity Supply Disconnection Notice Requirements Statutory Rights +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Justice Benjamin Segomotso Moloabi

Applicant

Eskom Holdings Soc Limited

Respondent

Procedural Posture

Urgent Application / Confirmation of Rule Nisi Following Urgent Spoliation Application

Legal Issues

  1. 1 Whether the applicant was unlawfully deprived of electricity supply to his business premises.
  2. 2 Whether the requirements for mandament van spolie are met in the context of statutory electricity rights.
  3. 3 Whether the notices of disconnection provided by the respondent were adequate and lawful.

Ratio Decidendi

The court found that the applicant had been in undisturbed quasi-possession of the right to electricity supply at his business premises since 2014, and that Eskom unlawfully deprived him of this right by disconnecting the supply without providing adequate notice as required by the Electricity Regulation Act. The SMS notifications sent by Eskom were deemed insufficient, lacking the necessary details and failing to comply with statutory or regulatory requirements. The absence of a formal contract did not preclude the applicant from holding a right deserving of possessory protection, as the supply of electricity was an incident of occupation and use of the property. The applicant had...

Court Disposition

The Rule Nisi is confirmed with costs on scale B.

Orders

  • The Rule Nisi is confirmed.
  • The respondent is ordered to restore the supply of electricity to the applicant's business premises.