Sacramento and Another v City of Tshwane Metropolitan Municipality (006225/2023) [2023] ZAGPPHC 58 (3 February 2023)

Sacramento and Another v City of Tshwane Metropolitan Municipality (006225/2023) [2023] ZAGPPHC 58 (3 February 2023)

The applicants, as property owners, were deprived of electricity supply by the respondent municipality without having received regular and accurate accounts in their own names, as required by section 95 of the Municipal Systems Act. The notices and demands were addressed to the previous owner, and the applicants paid the demanded amount under protest to restore supply. The City failed to comply with its statutory obligation to furnish proper accounts and did not file any answering affidavit to dispute the applicants' version. The existence of a dispute regarding the amount owed and the lack of proper accounts triggered the protection of section 102(2), which prohibits the implementation...

Citation
[2023] ZAGPPHC 58
Parties
Applicant: Beethoven de Jesus Barros do Sacramento; Applicant: Fabiana Barreto dos Santos Sacramento; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 February 2023
Case Number
006225/2023
Procedural Posture
Urgent Application / First Instance; Urgent Application for Interdict and Ancillary Relief
Outcome
Application granted. Interdict issued restraining the City from implementing credit control measures pending provision and reconciliation of accounts. Costs awarded against the respondent.
Judges
M Mojapelo
Legal Topics
Municipal Services, Electricity Disconnection, Spoliation, Municipal Systems Act, Credit Control Measures
Administrative Law Land and Property Municipal Services Electricity Disconnection Spoliation Municipal Systems Act Credit Control Measures

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Parties

Beethoven de Jesus Barros do Sacramento

Applicant

Fabiana Barreto dos Santos Sacramento

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / First Instance; Urgent Application for Interdict and Ancillary Relief

Legal Issues

  1. 1 Whether the City of Tshwane was entitled to disconnect electricity supply to the applicants' property without providing regular and accurate accounts.
  2. 2 Whether the applicants are entitled to an interdict restraining the City from implementing credit control measures pending resolution of the dispute regarding municipal charges.
  3. 3 Whether the City complied with its statutory obligations under section 95 of the Municipal Systems Act.

Ratio Decidendi

The applicants, as property owners, were deprived of electricity supply by the respondent municipality without having received regular and accurate accounts in their own names, as required by section 95 of the Municipal Systems Act. The notices and demands were addressed to the previous owner, and the applicants paid the demanded amount under protest to restore supply. The City failed to comply with its statutory obligation to furnish proper accounts and did not file any answering affidavit to dispute the applicants' version. The existence of a dispute regarding the amount owed and the lack of proper accounts triggered the protection of section 102(2), which prohibits the implementation...

Court Disposition

Application granted. Interdict issued restraining the City from implementing credit control measures pending provision and reconciliation of accounts. Costs awarded against the respondent.

Orders

  • Non-compliance with the Uniform Rules of Court is condoned; the matter is dealt with as urgent.
  • The respondent is ordered to furnish the applicants with detailed and accurate accounts of municipal services from 15 October 2021 or the date of transfer to date.