South Africa Case Law

Makondo v City of Tshwane Metropolitan Municipality and Another (2024-018842)

Makondo v City of Tshwane Metropolitan Municipality and Another (2024-018842) [2025] ZAGPPHC 556 (29 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-018842

Judge

MM Mojapelo

The court found that the applicant had been served with a pre-termination notice in July 2023, approximately seven months before the urgent application was brought. The applicant admitted to multiple restrictions on her water supply and engagements with the City but failed to provide a credible version disputing receipt of the notice or the amount owed. The respondent's version, supported by documentary evidence and consistent with municipal policy and statutory obligations, was accepted. The applicant's denial of indebtedness was not substantiated, and her claim of not receiving notice was f…

Source excerpt

• Municipal Services
• Water Supply Restriction
• Credit Control And Debt Collection
• Pre-termination Notice
• Municipal By-laws

SS Geranuim Mansions v City of Johannesburg and Another (2024/056921)

SS Geranuim Mansions v City of Johannesburg and Another (2024/056921) [2025] ZAGPJHC 110 (10 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/056921

Judge

PG Louw

The court found that the pre-termination notice issued by the respondents failed to comply with both the statutory requirements and the City of Johannesburg's by-laws, specifically regarding the notice period and adequacy of information. The applicant had properly raised a dispute under section 102(2) of the Municipal Systems Act, relating to specific charges and surcharges, and had made payments for undisputed amounts. The respondents' reliance on the acknowledgment of debt did not extinguish the dispute, as the applicant continued to contest specific charges and had attempted to resolve the…

Source excerpt

• Municipal Services Disconnection
• Credit Control And Debt Collection
• Section 102 Dispute
• Interim Interdict
• Punitive Costs

Makhavu and Another v Makhado Local Municipality and Another (7776/2024)

Makhavu and Another v Makhado Local Municipality and Another (7776/2024) [2024] ZALMPPHC 132 (18 September 2024)

Court

Limpopo High Court, Polokwane

Case number

7776/2024

Judge

N Gaisa

The High Court confirmed a rule nisi, finding an urgent, non-moot challenge to an electricity disconnection made without proper notice.

• Municipal Services Disconnection
• Procedural Fairness
• Credit Control And Debt Collection
• Urgent Interdict
• Consolidation Of Accounts
• Municipal-services-disconnection

Rubbers and Others v City of Johannesburg Metropolitan Municipality (2022/905)

Rubbers and Others v City of Johannesburg Metropolitan Municipality (2022/905) [2024] ZAGPJHC 904 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/905

Judge

MMP Mdalana-Mayisela

The High Court ordered Johannesburg to reverse illegal use tariff charges on a trust account, rebill at the Agricultural Business rate, and halt collection steps pending resolution.

• Municipal Property Rates Act
• Unauthorized Land Use
• Municipal Tariffs
• Final Interdict
• Credit Control And Debt Collection
• Municipal-property-rates

Akasia Road Surfacing (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (B39161/2022)

Akasia Road Surfacing (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (B39161/2022) [2023] ZAGPPHC 668 (10 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

B39161/2022

Judge

Phooko

The Court found that the disputed debt of R2 454 297.91 originated from February/March 2014 and is therefore older than two years preceding the date of application for clearance figures. Section 118(1) of the Municipal Systems Act expressly limits the amount payable for a clearance certificate to debts incurred within the two years prior to the application. The Respondent's inclusion of historical debt in the clearance figures was unlawful, and its refusal to issue the clearance certificate constituted impermissible self-help. The Court held that the Respondent must exclude the historical deb…

Source excerpt

• Municipal Rates Clearance
• Historical Debt Exclusion
• Section 118 Systems Act
• Declaratory Relief
• Credit Control And Debt Collection

Regona Properties (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Another (2023-074510)

Regona Properties (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Another (2023-074510) [2023] ZAGPJHC 877 (4 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-074510

Judge

WJ Du Plessis

Urgent High Court application restored electricity pending resolution of a municipal billing dispute and faulted the City for failing to investigate and follow by-laws.

• Municipal Services
• Electricity Supply Dispute
• Credit Control And Debt Collection
• Urgent Interdict
• Procedural Fairness
• Meter Reading Accuracy

Ngandlela and Others v King Sabata Dalindyebo Local Municipality and Others (1536/2022)

Ngandlela and Others v King Sabata Dalindyebo Local Municipality and Others (1536/2022) [2022] ZAECMHC 48 (13 December 2022)

Court

Eastern Cape High Court, Mthatha

Case number

1536/2022

Judge

Notyesi

The court found that the fourth applicant lacked locus standi as it was not a legal entity and there was no evidence of authority from the residents. The first applicant's electricity was lawfully disconnected due to meter tampering and illegal connections, posing a safety risk, and not because of indigent status. The second applicant's electricity was not disconnected; rather, a faulty meter was replaced. The third applicant's electricity was disconnected after proper notice and failure to pay arrears, in accordance with municipal policy. None of the applicants proved entitlement to indigent…

Source excerpt

• Municipal Services Disconnection
• Indigent Policy
• Locus Standi
• Credit Control And Debt Collection
• Constitutional Right To Basic Services
• Illegal Electricity Connections

Tortella Investments 144 (Pty) Limited v City of Johannesburg (49492/2017)

Tortella Investments 144 (Pty) Limited v City of Johannesburg (49492/2017) [2019] ZAGPJHC 284 (8 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

49492/2017

Judge

Twala M L

High Court matter on municipal billing, prescription, and account records. The court allowed amendment of the motion papers and granted relief against the city.

• Municipal Billing
• Prescription Of Debt
• Debate Of Account
• Credit Control And Debt Collection
• Municipal By Laws
• Municipal-billing

Clear Away Property Investments CC v Maquassi Hills Local Municipality (kpm14/2018)

Clear Away Property Investments CC v Maquassi Hills Local Municipality (kpm14/2018) [2019] ZANWHC 34 (4 July 2019)

Court

North West High Court, Mafikeng

Case number

KPM14/2018

Judge

GURA

The court held that the municipality could not retroactively levy prepaid basic charges for an inactive prepaid-meter period, but could keep the property on prepaid billing going forward.

• Municipal Tariffs
• Prepaid Electricity Meters
• Credit Control And Debt Collection
• Judicial Review
• Municipal Systems Act
• Municipal-tariffs

Ekurhuleni Metropolitan Municipality v Ergo Mining (Pty) Ltd and Another (A5041/2016)

Ekurhuleni Metropolitan Municipality v Ergo Mining (Pty) Ltd and Another (A5041/2016) [2017] ZAGPJHC 263 (29 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A5041/2016

Judges

M M MABESELE, ADAMS, SARDIWALA

The High Court held that a municipal electricity billing dispute did not fall under section 102(2) of the Systems Act. The appeal succeeded and the interim interdict was set aside.

• Municipal Services
• Interdictory Relief
• Interpretation Of Statutes
• Credit Control And Debt Collection
• Local Government Mandate
• Municipal-services