Mhlongo v City of Ekurhuleni (017138/2022) [2023] ZAGPJHC 797 (17 July 2023)

Mhlongo v City of Ekurhuleni (017138/2022) [2023] ZAGPJHC 797 (17 July 2023)

The court found that the respondent had served multiple pre-termination notices at the applicant's property, which were conspicuously attached and must have been seen by the applicant and other occupiers. The applicant's denial of receipt was rejected as implausible. The respondent afforded the applicant procedural fairness by providing adequate notice and opportunity to engage prior to termination. The account for services was in arrears, and the applicant failed to respond or make payment. The termination of electricity supply was therefore lawful, and the application for a declaratory order and reconnection was dismissed with costs.

Citation
[2023] ZAGPJHC 797
Parties
Applicant: Mandla Mhlongo; Respondent: City of Ekurhuleni Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 July 2023
Case Number
017138/2022
Procedural Posture
Urgent Application / First Instance
Outcome
Application dismissed with costs.
Judges
W.L. Wepener
Legal Topics
Procedural Fairness, Spoliation, Municipal Services, Pre Termination Notice
Administrative Law Civil Procedure Procedural Fairness Spoliation Municipal Services Pre Termination Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Mandla Mhlongo

Applicant

City of Ekurhuleni Municipality

Respondent

Procedural Posture

Urgent Application / First Instance

Legal Issues

  1. 1 Whether the termination of electricity supply to the applicant's property by the respondent was unlawful.
  2. 2 Whether the respondent afforded the applicant procedural fairness prior to termination.
  3. 3 Whether the applicant received adequate pre-termination notice as required by law.

Ratio Decidendi

The court found that the respondent had served multiple pre-termination notices at the applicant's property, which were conspicuously attached and must have been seen by the applicant and other occupiers. The applicant's denial of receipt was rejected as implausible. The respondent afforded the applicant procedural fairness by providing adequate notice and opportunity to engage prior to termination. The account for services was in arrears, and the applicant failed to respond or make payment. The termination of electricity supply was therefore lawful, and the application for a declaratory order and reconnection was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.