Van der Merwe v City of Tshwane Metropolitan Municipality (19347/2014) [2016] ZAGPPHC 987 (28 October 2016)

Van der Merwe v City of Tshwane Metropolitan Municipality (19347/2014) [2016] ZAGPPHC 987 (28 October 2016)

The court held that the owner of property is not liable for electricity charges incurred by a tenant unless there is a contractual agreement or clear statutory authority imposing such liability. The definition of 'consumer' in the City of Tshwane Metropolitan Municipality Standard Electricity Supply Bylaws, which purports to render the owner liable in solidum for tenant-incurred charges, is ultra vires the empowering legislation. Section 118(3) of the Municipal Systems Act does not create joint and several liability for owners regarding tenant debts, but merely establishes a charge on the property as security. Furthermore, the bylaws only came into effect on 7 August 2013, and there was...

Citation
[2016] ZAGPPHC 987
Parties
Applicant: Barend Johannes van der Merwe; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 October 2016
Case Number
19347/2014
Procedural Posture
Civil Application / Final Judgment
Outcome
Applicant succeeded; respondent's counterclaim dismissed.
Judges
L I Vorster
Legal Topics
Municipal Services Liability, Electricity Supply Bylaws, Ultra Vires Bylaw, Owner Vs Tenant Liability
Land and Property Administrative Law Municipal Services Liability Electricity Supply Bylaws Ultra Vires Bylaw Owner Vs Tenant Liability

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Parties

Barend Johannes van der Merwe

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Is the owner of property within a municipal area liable for electricity charges incurred by a tenant?
  2. 2 Does the definition of 'consumer' in the City of Tshwane Metropolitan Municipality Standard Electricity Supply Bylaws validly impose liability on the owner for tenant-incurred charges?
  3. 3 Do the relevant municipal bylaws and the Municipal Systems Act authorize joint and several liability for owners regarding tenant debts?

Ratio Decidendi

The court held that the owner of property is not liable for electricity charges incurred by a tenant unless there is a contractual agreement or clear statutory authority imposing such liability. The definition of 'consumer' in the City of Tshwane Metropolitan Municipality Standard Electricity Supply Bylaws, which purports to render the owner liable in solidum for tenant-incurred charges, is ultra vires the empowering legislation. Section 118(3) of the Municipal Systems Act does not create joint and several liability for owners regarding tenant debts, but merely establishes a charge on the property as security. Furthermore, the bylaws only came into effect on 7 August 2013, and there was...

Court Disposition

Applicant succeeded; respondent's counterclaim dismissed.

Orders

  • The applicant is declared not liable for the debt incurred by Classique Sales CC to the respondent in respect of electricity charges for electricity consumed up to and including 30 October 2013.
  • The respondent's counterclaim is dismissed.