Rademan v Moqhaka Local Municipality and Others (CCT 41/12) [2013] ZACC 11; 2013 (4) SA 225 (CC); 2013 (7) BCLR 791 (CC) (26 April 2013)

Rademan v Moqhaka Local Municipality and Others (CCT 41/12) [2013] ZACC 11; 2013 (4) SA 225 (CC); 2013 (7) BCLR 791 (CC) (26 April 2013)

The Constitutional Court held that the municipality was entitled to disconnect the applicant's electricity supply because she failed to pay her consolidated municipal account in full, specifically by withholding payment for rates. The by-laws and the Municipal Systems Act empower municipalities to consolidate accounts for different services and treat them as a single debt, and to disconnect services if the consolidated account is not paid. Section 21(5)(c) of the Electricity Regulation Act was satisfied because the applicant contravened the municipality's conditions of payment. The Court found no conflict between the Electricity Regulation Act and the municipal by-laws, as the by-laws...

Citation
[2013] ZACC 11
Parties
Applicant: Olga Rademan; Respondent: Moqhaka Local Municipality; Respondent: M A Mokgosi; Respondent: M V Duma; Respondent: Jimmy Maswangayi; Respondent: Rudolph Meyer
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
26 April 2013
Case Number
CCT 41/12
Procedural Posture
Leave to Appeal / Final Judgment on Merits After Leave to Appeal Granted
Outcome
Appeal dismissed; condonation and leave to appeal granted; no order as to costs.
Judges
Zondo, Mogoeng, Moseneke, Jafta, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Froneman
Legal Topics
Municipal Services, Electricity Regulation Act, Local Government Powers, Consolidated Debt, Credit Control and Debt Collection, Bill of Rights Limitation
Constitutional Law Administrative Law Civil Procedure Municipal Services Electricity Regulation Act Local Government Powers Consolidated Debt Credit Control and Debt Collection +1 more

Case Brief

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Parties

Olga Rademan

Applicant

Moqhaka Local Municipality

Respondent

M A Mokgosi

Respondent

M V Duma

Respondent

Jimmy Maswangayi

Respondent

Rudolph Meyer

Respondent

Procedural Posture

Leave to Appeal / Final Judgment on Merits After Leave to Appeal Granted

Legal Issues

  1. 1 Whether a municipality may disconnect electricity supply for non-payment of rates when the electricity account is not in arrears.
  2. 2 Whether section 21(5) of the Electricity Regulation Act limits the municipality's power to disconnect electricity supply to the grounds listed therein.
  3. 3 Whether there is a conflict between the Electricity Regulation Act and municipal by-laws regarding the termination of electricity supply.

Ratio Decidendi

The Constitutional Court held that the municipality was entitled to disconnect the applicant's electricity supply because she failed to pay her consolidated municipal account in full, specifically by withholding payment for rates. The by-laws and the Municipal Systems Act empower municipalities to consolidate accounts for different services and treat them as a single debt, and to disconnect services if the consolidated account is not paid. Section 21(5)(c) of the Electricity Regulation Act was satisfied because the applicant contravened the municipality's conditions of payment. The Court found no conflict between the Electricity Regulation Act and the municipal by-laws, as the by-laws...

Court Disposition

Appeal dismissed; condonation and leave to appeal granted; no order as to costs.

Orders

  • Condonation is granted.
  • Leave to appeal is granted.