Makhekhe v Mantsopa Local Municipality and Others (4009/2022) [2023] ZAFSHC 318 (11 August 2023)

Makhekhe v Mantsopa Local Municipality and Others (4009/2022) [2023] ZAFSHC 318 (11 August 2023)

The court found that the applicant had established, on a balance of probabilities, that the water seepage at his property was caused by a leak in the municipal water infrastructure, as evidenced by the presence of chlorine in water samples tested by both the applicant's expert and municipal officials. The...

Source-derived case information.

Citation
[2023] ZAFSHC 318
Parties
Applicant: Thabo Patrick Allinborne Makhekhe; Respondent: Mantsopa Local Municipality; Respondent: Municipal Manager of Mantsopa Local Municipality; Respondent: Director of Technical Services of Mantsopa Local Municipality; Respondent: Thabo Mufutsanyana District Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 August 2023
Case Number
4009/2022
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Final interdict granted in favour of the applicant; costs awarded on attorney-client scale against the first, second, and third respondents jointly and severally.
Judges
Jonase
Legal Topics
Municipal Service Delivery, Water Infrastructure, Final Interdict, Constitutional Obligations, Expert Evidence, Irreparable Harm
Administrative Law Land and Property Municipal Service Delivery Water Infrastructure Final Interdict Constitutional Obligations Expert Evidence Irreparable Harm

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Parties

Thabo Patrick Allinborne Makhekhe

Applicant

Mantsopa Local Municipality

Respondent

Municipal Manager of Mantsopa Local Municipality

Respondent

Director of Technical Services of Mantsopa Local Municipality

Respondent

Thabo Mufutsanyana District Municipality

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Is the ongoing water seepage and accumulation at the applicant's property caused by a leak in municipal water infrastructure or by underground water?
  2. 2 Does the municipality have a constitutional and statutory obligation to investigate and repair the source of the water seepage?
  3. 3 Has the applicant met the requirements for a final interdict against the municipality?

Ratio Decidendi

The court found that the applicant had established, on a balance of probabilities, that the water seepage at his property was caused by a leak in the municipal water infrastructure, as evidenced by the presence of chlorine in water samples tested by both the applicant's expert and municipal officials. The respondents failed to provide credible expert evidence to support their underground water theory and did not disclose the results of their own chlorine tests. The applicant demonstrated a clear right to municipal services, suffered irreparable harm, and had no alternative remedy. The respondents' denials and technical objections were found to be untenable and dishonest, justifying the...

Court Disposition

Final interdict granted in favour of the applicant; costs awarded on attorney-client scale against the first, second, and third respondents jointly and severally.

Orders

  • The First, Second, and Third Respondents are directed and ordered to forthwith take all necessary steps to search for and effectively repair the leaking municipal water pipe(s) and/or water reticulation infrastructure responsible for the ongoing seepage and accumulation of water at the Applicant's property at M[…]6...
  • The First, Second, and Third Respondents are directed and ordered to take all necessary steps to ensure that the order in paragraph 1 above is carried out, within 60 (sixty) days from the date of this order.