Maluti-a-Phofung Municipality v Eskom Holdings SOC Limited and Others (2719/2020)
Maluti-a-Phofung Municipality v Eskom Holdings SOC Limited and Others (2719/2020) [2020] ZAFSHC 213 (9 October 2020)
The court found that the applicant met the requirements for a final interdict. The attachment of municipal funds by Eskom, while the intergovernmental consultative process was ongoing, was premature and undermined the constitutional mandate of cooperative governance. The settlement agreement of 30 April 2019 was not invalid or unenforceable due to non-fulfilment of the alleged condition precedent; paragraph 4 of the agreement did not constitute a true suspensive or resolutive condition but was a term, breach of which attracts ordinary contractual remedies. The funds attached were primarily fo…
Source excerpt
- Intergovernmental Relations Framework Act
- Attachment And Execution
- Municipal Finance Management Act
- Constitutional Mandate Of Service Delivery
- Interim Interdict
- Settlement Agreement Enforceability