Mnguni and Others v City of Johannesburg and Others (29769/2018) [2018] ZAGPJHC 546 (28 August 2018)

Mnguni and Others v City of Johannesburg and Others (29769/2018) [2018] ZAGPJHC 546 (28 August 2018)

The court held that there is no legal basis to compel the second and third respondents to enter into settlement negotiations with the City of Johannesburg or to allow the applicants to negotiate directly with the City regarding the municipal water debt, as the applicants are not parties to the relevant service agreement. The applicants' own rental arrears contributed to the situation, undermining their claim for relief. The constitutional right to water is recognized but subject to limitation; the City undertook to provide restricted water supply as required. The counter-application for eviction failed to meet the urgency requirements under PIE and did not comply with statutory notice...

Citation
[2018] ZAGPJHC 546
Parties
Applicant: Innocent Mbuso Mnguni and 73 Others; Respondent: City of Johannesburg; Respondent: Leapfrog Property Trust; Respondent: Body Corporate of KingsLengeley
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 August 2018
Case Number
29769/2018
Procedural Posture
Urgent Application / Reasons for Order Issued on 17 August 2018
Outcome
Main application partially granted; counter-application struck off the roll for lack of urgency; each party to bear its own costs.
Judges
Petersen
Legal Topics
Urgent Interdict, Municipal Services, Right to Water, Eviction Proceedings, Pie Act, Contractual Obligations
Civil Procedure Land and Property Constitutional Law Urgent Interdict Municipal Services Right to Water Eviction Proceedings Pie Act +1 more

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Parties

Innocent Mbuso Mnguni and 73 Others

Applicant

City of Johannesburg

Respondent

Leapfrog Property Trust

Respondent

Body Corporate of KingsLengeley

Respondent

Procedural Posture

Urgent Application / Reasons for Order Issued on 17 August 2018

Legal Issues

  1. 1 Whether the applicants are entitled to an order compelling the respondents to settle municipal water debt or enter into settlement negotiations.
  2. 2 Whether the applicants may directly negotiate and pay the City of Johannesburg for water supply.
  3. 3 Whether the City of Johannesburg must reconnect water supply to the applicants' premises.

Ratio Decidendi

The court held that there is no legal basis to compel the second and third respondents to enter into settlement negotiations with the City of Johannesburg or to allow the applicants to negotiate directly with the City regarding the municipal water debt, as the applicants are not parties to the relevant service agreement. The applicants' own rental arrears contributed to the situation, undermining their claim for relief. The constitutional right to water is recognized but subject to limitation; the City undertook to provide restricted water supply as required. The counter-application for eviction failed to meet the urgency requirements under PIE and did not comply with statutory notice...

Court Disposition

Main application partially granted; counter-application struck off the roll for lack of urgency; each party to bear its own costs.

Orders

  • The City of Johannesburg is ordered to provide the applicants with restricted water supply, including but not limited to an alternative tap, before midnight of 17 August 2018.
  • The counter-application for eviction is struck off the roll for lack of urgency.