Van Der Linde v Tshwane Metropolitan Municipality and Another (121281/2024) [2024] ZAGPPHC 1229 (19 November 2024)

Van Der Linde v Tshwane Metropolitan Municipality and Another (121281/2024) [2024] ZAGPPHC 1229 (19 November 2024)

The court found that the applicant failed to meet the requirements for urgency under Rule 6(12) of the Uniform Rules of Court. The applicant did not provide sufficient reasons why substantial redress could not be obtained at a hearing in due course, and the delay between the disconnection and the launching of the application was unexplained, indicating that urgency was self-created. The applicant's contractual obligations to tenants and the assertion of a right to electricity were not sufficient to render the matter urgent, especially as the account was in arrears and the applicant could pursue payment arrangements with the municipality. As the threshold of urgency was not met, the court...

Citation
[2024] ZAGPPHC 1229
Parties
Applicant: Glen Andrew van Der Linde; Respondent: Tshwane Metropolitan Municipality; Respondent: Municipal Manager, Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 November 2024
Case Number
121281/2024
Procedural Posture
Urgent Application / Opposed Urgent Application; Struck From Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency; costs awarded against applicant.
Judges
Mncube
Legal Topics
Urgent Application, Electricity Supply Disconnection, Municipal Credit Control, Notice Requirements, Rule 6 12, Party and Party Costs
Civil Procedure Land and Property Urgent Application Electricity Supply Disconnection Municipal Credit Control Notice Requirements Rule 6 12 Party and Party Costs

Case Brief

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Parties

Glen Andrew van Der Linde

Applicant

Tshwane Metropolitan Municipality

Respondent

Municipal Manager, Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Application; Struck From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and should be heard as such.
  2. 2 Whether the applicant received proper notice of termination of electricity as prescribed by the By-laws.

Ratio Decidendi

The court found that the applicant failed to meet the requirements for urgency under Rule 6(12) of the Uniform Rules of Court. The applicant did not provide sufficient reasons why substantial redress could not be obtained at a hearing in due course, and the delay between the disconnection and the launching of the application was unexplained, indicating that urgency was self-created. The applicant's contractual obligations to tenants and the assertion of a right to electricity were not sufficient to render the matter urgent, especially as the account was in arrears and the applicant could pursue payment arrangements with the municipality. As the threshold of urgency was not met, the court...

Court Disposition

Application struck from the roll for lack of urgency; costs awarded against applicant.

Orders

  • The application is struck from the roll for lack of urgency.
  • The applicant is ordered to pay costs on party and party Scale B.