South Africa Case Law

Khanyeza v City of Johannesburg Metropolitan Municipality and Another (2024/079861)

Khanyeza v City of Johannesburg Metropolitan Municipality and Another (2024/079861) [2024] ZAGPJHC 887 (5 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/079861

Judge

Beyers

The applicant failed to properly raise a dispute in terms of section 102(2) of the Municipal Systems Act and the relevant municipal by-laws, as her objections were general and did not relate to specific amounts or items. She admitted owing a substantial undisputed amount. The respondents complied with statutory requirements, including issuing pre-termination notices more than 14 days before disconnection. As the applicant did not meet the procedural requirements for protection under section 102(2), the respondents were entitled to implement credit control measures, including disconnection of…

Source excerpt

• Municipal Services Disconnection
• Mandament Van Spolie
• Credit Control Measures
• Section 102 Dispute
• Constitutional Right To Water

Body Corporate of Grand Rapids v City of Johannesburg Metropolitan Municipality and Another (007691/2024)

Body Corporate of Grand Rapids v City of Johannesburg Metropolitan Municipality and Another (007691/2024) [2024] ZAGPPHC 61 (29 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

007691/2024

Judge

Kumalo

Urgent application to compel reconnection of water was dismissed for lack of urgency and because the alleged billing dispute had been resolved.

• Municipal Services Disconnection
• Interim Interdict
• Urgency Requirements
• Acknowledgment Of Debt
• Constitutional Right To Water
• Municipal-services-disconnection

Bethulie Water Forum and Another v Bloemwater and Others (2174/2021)

Bethulie Water Forum and Another v Bloemwater and Others (2174/2021) [2021] ZAFSHC 307 (3 December 2021)

Court

Free State High Court, Bloemfontein

Case number

2174/2021

Judge

Molitsoane

The High Court dismissed an urgent bid to stop Bloemwater limiting bulk water supply, finding the relief would improperly amend section 4(5) of the Water Services Act.

• Water Services Act
• Interim Interdict
• Separation Of Powers
• Constitutional Right To Water
• Water-services-act
• Interim-interdict

Capricorn District Municipality and Another v South African National Civic Organisation (237/2013)

Capricorn District Municipality and Another v South African National Civic Organisation (237/2013) [2014] ZASCA 39; 2014 (4) SA 335 (SCA) (31 March 2014)

Court

Supreme Court of Appeal

Case number

237/2013

Judges

Mthiyane, Lewis, Bosielo, Petse, Willis

The Supreme Court of Appeal set aside mandatory orders compelling municipalities to repair water infrastructure and impose flat water tariffs in Lebowakgomo Zone A.

• Municipal Tariffs
• Separation Of Powers
• Mandatory Interdict
• Water Services Regulation
• Constitutional Right To Water
• Municipal-tariffs