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South Africa Case Law

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Constitutional Law [2020] ZASCA 185

Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others; Eskom Holdings SOC Ltd v Sabie Chamber of Commerce and Tourism and Others; Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tourism and Others (663/2019; 664/2019; 583/2019)

Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others; Eskom Holdings SOC Ltd v Sabie Chamber of Commerce and Tourism and Others; Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tourism and Others (663/2019; 664/2019; 583/2019) [2020] ZASCA 185; [2021] 1 All SA 668 (SCA); 2021 (3) SA 47 (SCA) (29 December 2020)

Court
Supreme Court of Appeal
Case number
663/2019; 664/2019; 583/2019
Judges
Petse, Cachalia, Van der Merwe, Mocumie, Ledwaba

Eskom's decision to interrupt bulk electricity supply to municipalities for non-payment, while contractually and statutorily permitted under section 21(5) of the Electricity Regulation Act and the supply agreements, was subject to constitutional constraints. The court held that Eskom, as an organ of state, was required to exhaust intergovernmental dispute resolution mechanisms under section 41 of the Constitution and the Intergovernmental Relations Framework Act before taking drastic measures that would undermine municipalities' ability to provide basic services. The interruption decision con…

Source excerpt

  • Cooperative Government
  • Electricity Regulation Act
  • Municipal Finance Management Act
  • Intergovernmental Relations Framework Act
  • Promotion Of Administrative Justice Act
  • Basic Services Provision
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Constitutional Law [2012] ZAGPPHC 140

Federation for Sustainable Environment and Another v Minister of Water Affairs and Others (35672/12)

Federation for Sustainable Environment and Another v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 140 (26 July 2012)

Court
North Gauteng High Court, Pretoria
Case number
35672/12
Judge
Mavundla

The court found that both district and local municipalities are organs of state with statutory and constitutional obligations to provide basic services, including potable water, to communities. The respondents' argument that they are not accredited water service providers was rejected as a technical avoidance of their responsibilities. The right to access water is fundamental and protected under section 27(1)(b) of the Constitution, and the Water Services Act includes both district and local municipalities as water service authorities. Evidence showed ongoing non-compliance with the order and…

Source excerpt

  • Right Of Access To Water
  • Municipal Obligations
  • Rule 49 11 Execution
  • Cooperative Governance
  • Basic Services Provision
  • Leave To Appeal
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Constitutional Law [2009] ZAGPJHC 14

Nokotyana and Others v Ekurhuleni Metropolitan Municipality (08/17815)

Nokotyana and Others v Ekurhuleni Metropolitan Municipality (08/17815) [2009] ZAGPJHC 14 (24 March 2009)

Court
South Gauteng High Court, Johannesburg
Case number
08/17815
Judge
Epstein AJ

The court found that the applicants do not qualify for emergency housing assistance under Chapter 12 of the National Housing Code, as their situation does not meet the criteria for an emergency. The applicants have lived in the settlement since the 1980s and could have relocated to an area with permanent services. The municipality is only obliged to provide interim services under Chapter 13 once a decision to upgrade the settlement in situ is made, which has not occurred. The provision of temporary sanitation facilities and high mast lighting before township layout and approval would be waste…

Source excerpt

  • Right Of Access To Housing
  • Municipal Obligations
  • Basic Services Provision
  • Interim Relief
  • Legitimate Expectation
  • Separation Of Powers
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Constitutional Law [2000] ZACC 14

Grootboom and Others v Government of the Republic of South Africa and Others - Constitutional Court Order (CCT38/00)

Grootboom and Others v Government of the Republic of South Africa and Others - Constitutional Court Order (CCT38/00) [2000] ZACC 14 (21 September 2000)

Court
Constitutional Court
Case number
CCT 38/00
Judges
Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob, Madlanga

The Constitutional Court found that the applicants, comprising 263 households living in dire conditions on the Wallacedene sportsgrounds, were entitled to immediate relief to vindicate their constitutional rights. The Court ordered the relevant municipal and provincial authorities to provide basic sanitation and water services, as well as building materials to waterproof existing accommodation, within specified timeframes. The Court held that the state is obliged to take reasonable measures to ensure access to basic services for those in desperate need, and that the applicants' circumstances…

Source excerpt

  • Right Of Access To Housing
  • Enforcement Of Court Orders
  • Municipal Obligations
  • Basic Services Provision
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.