Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016) [2016] ZANWHC 61 (15 December 2016)

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016) [2016] ZANWHC 61 (15 December 2016)

The court found that the applicants did not apply for, consent to, or contract for the supply of 11KV high tension electricity to their property. The only entity that contracted with the municipality for this supply was the second respondent, Mad Security Services CC, who was the actual consumer and occupier during the relevant period. No agreement existed between the applicants and the municipality regarding the 11KV supply, and the applicants did not benefit from or consume the electricity. The municipality's attempt to hold the applicants liable was contrary to the principles of contract law and the municipality's own by-laws and policies, which require a contractual relationship for...

Citation
[2016] ZANWHC 61
Parties
Applicant: Gert Johannes Laubscher; Applicant: Maria Laubscher; Respondent: Rustenburg Local Municipality; Respondent: Mad Security Services CC
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 December 2016
Case Number
M56/2016
Procedural Posture
Civil Application / Reasons for Judgment Following Grant of Order
Outcome
Application granted. The applicants are declared not liable for the disputed electricity charges and related arrears.
Judges
R D Hendricks
Legal Topics
Municipal Services Liability, Electricity Supply Agreements, Contractual Privity, Debt Collection Policy
Land and Property Civil Procedure Municipal Services Liability Electricity Supply Agreements Contractual Privity Debt Collection Policy

Case Brief

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Parties

Gert Johannes Laubscher

Applicant

Maria Laubscher

Applicant

Rustenburg Local Municipality

Respondent

Mad Security Services CC

Respondent

Procedural Posture

Civil Application / Reasons for Judgment Following Grant of Order

Legal Issues

  1. 1 Whether the applicants are liable for electricity charges arising from a high tension 11KV service connection supplied to their property.
  2. 2 Whether the applicants are customers, occupiers, or consumers as defined in the municipality's credit control and debt collection policy and by-laws.
  3. 3 Whether any agreement existed between the applicants and the municipality for the supply of 11KV electricity.

Ratio Decidendi

The court found that the applicants did not apply for, consent to, or contract for the supply of 11KV high tension electricity to their property. The only entity that contracted with the municipality for this supply was the second respondent, Mad Security Services CC, who was the actual consumer and occupier during the relevant period. No agreement existed between the applicants and the municipality regarding the 11KV supply, and the applicants did not benefit from or consume the electricity. The municipality's attempt to hold the applicants liable was contrary to the principles of contract law and the municipality's own by-laws and policies, which require a contractual relationship for...

Court Disposition

Application granted. The applicants are declared not liable for the disputed electricity charges and related arrears.

Orders

  • The applicants are declared not to be a customer, occupier, or consumer as defined in the municipality's credit control and debt collection policy and by-laws, in respect of the 11KV high tension electricity connection for the property.
  • Electricity usage and charges arising from the 11KV service connection are to be removed from the applicants' municipal account, including accrued interest on arrears.