SA Student Accommodation CC and Another v City of Tshwane Metropolitan Municipality (083447-2024) [2024] ZAGPJHC 898 (5 September 2024)

SA Student Accommodation CC and Another v City of Tshwane Metropolitan Municipality (083447-2024) [2024] ZAGPJHC 898 (5 September 2024)

The applicants failed to establish that their properties were legally connected to the electricity grid at the time of disconnection. The evidence showed illegal connections, non-payment, and prior instances of unlawful reconnection. The city acted within its powers under its electricity supply by-laws, which do not require notice in cases of illegal connections. The remedy of spoliation was not available, and the applicants did not challenge the validity of the relevant by-law in their papers. The counterapplication for removal was dismissed as the applicants were entitled to proceed in their chosen forum and the outcome did not depend on related litigation. Costs follow the result.

Citation
[2024] ZAGPJHC 898
Parties
Applicant: SA Student Accommodation CC; Applicant: George Asaba; Respondent: City of Tshwane Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 September 2024
Case Number
083447/2024
Procedural Posture
Urgent Application / Final Determination on Merits and Counterapplication
Outcome
Application dismissed with costs; counterapplication dismissed with costs.
Judges
G S Myburgh
Legal Topics
Electricity Supply by Laws, Spoliation, Illegal Building, Municipal Services Termination, Urgency, Forum Removal
Civil Procedure Land and Property Administrative Law Electricity Supply by Laws Spoliation Illegal Building Municipal Services Termination Urgency +1 more

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Parties

SA Student Accommodation CC

Applicant

George Asaba

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Final Determination on Merits and Counterapplication

Legal Issues

  1. 1 Whether the disconnection of electricity supply by the city constituted unlawful spoliation.
  2. 2 Whether the applicants were entitled to notice prior to disconnection.
  3. 3 Whether the connections to the grid were legal at the time of disconnection.

Ratio Decidendi

The applicants failed to establish that their properties were legally connected to the electricity grid at the time of disconnection. The evidence showed illegal connections, non-payment, and prior instances of unlawful reconnection. The city acted within its powers under its electricity supply by-laws, which do not require notice in cases of illegal connections. The remedy of spoliation was not available, and the applicants did not challenge the validity of the relevant by-law in their papers. The counterapplication for removal was dismissed as the applicants were entitled to proceed in their chosen forum and the outcome did not depend on related litigation. Costs follow the result.

Court Disposition

Application dismissed with costs; counterapplication dismissed with costs.

Orders

  • The application is dismissed with costs.
  • The counterapplication is dismissed with costs.