Linde N.O. and Others v Eskom Holdings SOC Ltd (682/2025) [2025] ZAFSHC 65 (21 February 2025)

Linde N.O. and Others v Eskom Holdings SOC Ltd (682/2025) [2025] ZAFSHC 65 (21 February 2025)

The court found that the applicants met all four requirements for an interim interdict. The Trust established a strong prima facie right based on its ongoing electricity supply and the catastrophic consequences of disconnection for its farming operations. The apprehension of irreparable harm was clear, as the loss of electricity would likely result in the death of 350,000 chicks and severe economic damage. The balance of convenience overwhelmingly favoured the applicants, as Eskom would not suffer irreparable harm from delayed payment, while the Trust faced existential risk. The absence of a satisfactory alternative remedy was established, given the urgency and the nature of the harm. The...

Citation
[2025] ZAFSHC 65
Parties
Applicant: Roelof Petrus Linde NO; Applicant: Petrus Albertus Linde NO; Applicant: Marius Janse Van Rensburg NO; Respondent: Eskom Holdings SOC Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 February 2025
Case Number
682/2025
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted; Eskom restrained from disconnecting electricity supply pending review.
Judges
JP Daffue
Legal Topics
Interim Interdict, Promotion of Administrative Justice Act, Electricity Supply Dispute, Exhaustion of Internal Remedies, Urgency, Constitutional Property Rights
Administrative Law Civil Procedure Interim Interdict Promotion of Administrative Justice Act Electricity Supply Dispute Exhaustion of Internal Remedies Urgency Constitutional Property Rights

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Parties

Roelof Petrus Linde NO

Applicant

Petrus Albertus Linde NO

Applicant

Marius Janse Van Rensburg NO

Applicant

Eskom Holdings SOC Ltd

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict preventing Eskom from disconnecting electricity supply pending review.
  2. 2 Whether the application is urgent or the urgency is self-created.
  3. 3 Whether the applicants have exhausted internal remedies as required by PAJA.

Ratio Decidendi

The court found that the applicants met all four requirements for an interim interdict. The Trust established a strong prima facie right based on its ongoing electricity supply and the catastrophic consequences of disconnection for its farming operations. The apprehension of irreparable harm was clear, as the loss of electricity would likely result in the death of 350,000 chicks and severe economic damage. The balance of convenience overwhelmingly favoured the applicants, as Eskom would not suffer irreparable harm from delayed payment, while the Trust faced existential risk. The absence of a satisfactory alternative remedy was established, given the urgency and the nature of the harm. The...

Court Disposition

Interim interdict granted; Eskom restrained from disconnecting electricity supply pending review.

Orders

  • The matter is heard as one of urgency and non-compliance with rules regarding service and time periods is condoned.
  • The respondent is interdicted and restrained from disconnecting or terminating the electricity supply to the applicants' property, pending final determination of Part B of the application and any subsequent appeals.