Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025) [2025] ZAECMHC 68 (27 June 2025)

Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025) [2025] ZAECMHC 68 (27 June 2025)

The court found that the applicants, as occupiers and consumers of water services, were entitled to a fair procedure before termination of supply, regardless of their lack of contractual relationship with the municipality. The municipality failed to provide adequate notice or opportunity for representations to the applicants, violating their constitutional rights to water, dignity, and a healthy environment. The applicants established a prima facie right to interim protection, demonstrated ongoing irreparable harm, and showed that the balance of convenience favoured restoration of water supply. The court held that the applicants had no adequate alternative remedy, given their indigence...

Citation
[2025] ZAECMHC 68
Parties
Applicant: Nonkuselo Mazatu; Applicant: Lindeka Nongqayi; Respondent: OR Tambo District Municipality; Respondent: The Municipal Manager: OR Tambo District Municipality; Respondent: Eastern Cape Development Corporation
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
27 June 2025
Case Number
2660/2025
Procedural Posture
Urgent Application / Reasons for Urgent Interim Order
Outcome
Urgent interim relief granted; rule nisi issued; water supply to applicants' premises to be restored pending review.
Judges
Rusi
Legal Topics
Right of Access to Water, Procedural Fairness, Interim Interdict, Municipal Services, Bill of Rights Limitation, Condonation of Internal Remedies
Administrative Law Constitutional Law Civil Procedure Right of Access to Water Procedural Fairness Interim Interdict Municipal Services Bill of Rights Limitation +1 more

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Parties

Nonkuselo Mazatu

Applicant

Lindeka Nongqayi

Applicant

OR Tambo District Municipality

Respondent

The Municipal Manager: OR Tambo District Municipality

Respondent

Eastern Cape Development Corporation

Respondent

Procedural Posture

Urgent Application / Reasons for Urgent Interim Order

Legal Issues

  1. 1 Whether the termination of water supply to the applicants' premises was unlawful and unconstitutional due to lack of fair procedure.
  2. 2 Whether the applicants are entitled to urgent interim relief pending review of the termination decision.
  3. 3 Whether the applicants established a prima facie right to water and procedural fairness.

Ratio Decidendi

The court found that the applicants, as occupiers and consumers of water services, were entitled to a fair procedure before termination of supply, regardless of their lack of contractual relationship with the municipality. The municipality failed to provide adequate notice or opportunity for representations to the applicants, violating their constitutional rights to water, dignity, and a healthy environment. The applicants established a prima facie right to interim protection, demonstrated ongoing irreparable harm, and showed that the balance of convenience favoured restoration of water supply. The court held that the applicants had no adequate alternative remedy, given their indigence...

Court Disposition

Urgent interim relief granted; rule nisi issued; water supply to applicants' premises to be restored pending review.

Orders

  • Applicants granted leave to bring the application as urgent; rules regarding forms and service dispensed with.
  • A rule nisi issued calling upon respondents to show cause why the order should not be made final.