South Africa Case Law

Westville Ratepayers Association v Ethekwini Municipality (D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023)

Westville Ratepayers Association v Ethekwini Municipality (D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023) [2023] ZAKZDHC 81 (27 October 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023

Judge

Thobela-Mkhulisi AJ

The court found that the dispute raised by the Association did not concern any specific amount claimed by the Municipality, as required by section 102(2) of the Municipal Systems Act. Instead, the Association's grievances related to general issues such as tariff increases, public participation, and municipal conduct, which do not qualify as disputes under the statutory provision. The applicants' refusal to pay for municipal services while demanding continued provision of those services was not supported by law. Furthermore, the allegations of selective enforcement were speculative and unsuppo…

Source excerpt

• Municipal Services
• Rates Boycott
• Section 102 Municipal Systems Act
• Credit Control
• Selective Enforcement

Maharaj N.O. and Others v Johannesburg Water SOC Limited (26816/2020)

Maharaj N.O. and Others v Johannesburg Water SOC Limited (26816/2020) [2022] ZAGPJHC 790 (7 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

26816/2020

Judge

Adams

The High Court dismissed an application to stop Johannesburg Water from cancelling prepaid metering agreements and replacing them with conventional meters.

• Municipal Services
• Interdictory Relief
• Contract Cancellation
• Credit Control
• Water Services
• Local Government By Laws

Laas and Another v City of Tshwane Metropolitan Municipality (24259/13)

Laas and Another v City of Tshwane Metropolitan Municipality (24259/13) [2015] ZAGPPHC 566 (24 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

24259/13

Judge

N Mavundla

The High Court discharged a rule nisi stopping electricity disconnection, finding the applicants had not shown a clear right and ordering them to pay costs.

• Final Interdict
• Municipal Services
• Electricity Disconnection
• Credit Control
• Costs Order
• Final-interdict