Stander and Others v Eskom Holdings SOC Ltd (1984/2021) [2022] ZAECMKHC 102 (18 October 2022)

Stander and Others v Eskom Holdings SOC Ltd (1984/2021) [2022] ZAECMKHC 102 (18 October 2022)

The court found that section 30 of the Electricity Regulation Act provides an effective internal remedy for disputes between electricity customers and licensees. The applicants conceded that they had not exhausted this remedy and did not advance any exceptional circumstances to justify exemption under section 7(2)(c) of PAJA. The court held that it does not have discretion to postpone the review proceedings to allow the applicants to exhaust the internal remedy. Section 7(2)(b) of PAJA mandates that the court must direct the applicants to first exhaust the internal remedy before instituting judicial review. Accordingly, the application was dismissed and the applicants were directed to...

Citation
[2022] ZAECMKHC 102
Parties
Applicant: Theunis Jacobus Stander; Applicant: Theunis Jacobus Stander N.O.; Applicant: E M Stander N.O.; Applicant: W Nienaber N.O.; Respondent: Eskom Holdings SOC Ltd
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
18 October 2022
Case Number
1984/2021
Procedural Posture
Review Application / Final Judgment on Review Application; Point in Limine Regarding Exhaustion of Internal Remedies
Outcome
Application dismissed for failure to exhaust internal remedies; applicants directed to refer dispute to the National Energy Regulator before instituting review proceedings.
Judges
JE Smith
Legal Topics
Exhaustion of Internal Remedies, Promotion of Administrative Justice Act, Electricity Regulation Act, Judicial Review, Interim Interdict
Administrative Law Land and Property Exhaustion of Internal Remedies Promotion of Administrative Justice Act Electricity Regulation Act Judicial Review Interim Interdict

Case Brief

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Parties

Theunis Jacobus Stander

Applicant

Theunis Jacobus Stander N.O.

Applicant

E M Stander N.O.

Applicant

W Nienaber N.O.

Applicant

Eskom Holdings SOC Ltd

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application; Point in Limine Regarding Exhaustion of Internal Remedies

Legal Issues

  1. 1 Whether the applicants were required to exhaust internal remedies before approaching the court for judicial review.
  2. 2 Whether section 30 of the Electricity Regulation Act constitutes an effective internal remedy.
  3. 3 Whether the court has discretion to postpone review proceedings to allow exhaustion of internal remedies.

Ratio Decidendi

The court found that section 30 of the Electricity Regulation Act provides an effective internal remedy for disputes between electricity customers and licensees. The applicants conceded that they had not exhausted this remedy and did not advance any exceptional circumstances to justify exemption under section 7(2)(c) of PAJA. The court held that it does not have discretion to postpone the review proceedings to allow the applicants to exhaust the internal remedy. Section 7(2)(b) of PAJA mandates that the court must direct the applicants to first exhaust the internal remedy before instituting judicial review. Accordingly, the application was dismissed and the applicants were directed to...

Court Disposition

Application dismissed for failure to exhaust internal remedies; applicants directed to refer dispute to the National Energy Regulator before instituting review proceedings.

Orders

  • The application is dismissed with costs.
  • The applicants are directed to refer the dispute to the National Energy Regulator in terms of section 30 of the Electricity Regulation Act, 4 of 2006, before instituting proceedings for the review of Eskom's decision to terminate the electricity supply to their farm, Buffelsvlei, Aliwal North.