Mbhele and Another vs City of Ekurhuleni Metropolitan Municipality and Another (020979/2022) [2023] ZAGPJHC 34 (16 January 2023)

Mbhele and Another vs City of Ekurhuleni Metropolitan Municipality and Another (020979/2022) [2023] ZAGPJHC 34 (16 January 2023)

The court found that the applicants failed to provide evidence that they paid for the services as required by the court order. The closure of the tenant account was known prior to the order, and the applicants did not disclose steps taken to resolve payment issues after the order was issued. The respondent's actions were not shown to be mala fide or in deliberate disregard of the order. The facts of the case were distinguishable from precedent relied upon by the applicants, as the dispute concerned water and sewage services, not rates and taxes. Accordingly, the court held that the City of Ekurhuleni Metropolitan Municipality was not in contempt of the court order.

Citation
[2023] ZAGPJHC 34
Parties
Applicant: Mbhele Nomshado Zerich; Applicant: Mbhele Frank Goodman; Respondent: City of Ekurhuleni Metropolitan Municipality; Respondent: Herby Prop Twenty Eight CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 January 2023
Case Number
020979/2022
Procedural Posture
Urgent Application / Application for Contempt of Court Order
Outcome
Application for contempt of court order dismissed; costs awarded against applicants.
Judges
Senyatsi
Legal Topics
Contempt of Court, Municipal Services, Prepaid Electricity Meter, Tenant Account Closure
Civil Procedure Administrative Law Contempt of Court Municipal Services Prepaid Electricity Meter Tenant Account Closure

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Parties

Mbhele Nomshado Zerich

Applicant

Mbhele Frank Goodman

Applicant

City of Ekurhuleni Metropolitan Municipality

Respondent

Herby Prop Twenty Eight CC

Respondent

Procedural Posture

Urgent Application / Application for Contempt of Court Order

Legal Issues

  1. 1 Whether the City of Ekurhuleni Metropolitan Municipality is in contempt of the court order issued by Swanepoel AJ on 8 September 2022.
  2. 2 Whether the blocking of the applicants' pre-paid electricity meter constitutes contempt given the closure of the tenant account.
  3. 3 Whether the applicants complied with the condition of payment for services as required by the court order.

Ratio Decidendi

The court found that the applicants failed to provide evidence that they paid for the services as required by the court order. The closure of the tenant account was known prior to the order, and the applicants did not disclose steps taken to resolve payment issues after the order was issued. The respondent's actions were not shown to be mala fide or in deliberate disregard of the order. The facts of the case were distinguishable from precedent relied upon by the applicants, as the dispute concerned water and sewage services, not rates and taxes. Accordingly, the court held that the City of Ekurhuleni Metropolitan Municipality was not in contempt of the court order.

Court Disposition

Application for contempt of court order dismissed; costs awarded against applicants.

Orders

  • The forms and time periods for service as required by the rules of this court are dispensed with.
  • The application for an order declaring that the first respondent is in contempt of the court order granted by Swanepoel AJ on 8 September 2022 under case number 2022-020979 is dismissed.