South Africa Case Law

Curro Holding Limited and Another v City of Johannesburg Municipality Metropolitan and Another (2023/02247)

Curro Holding Limited and Another v City of Johannesburg Municipality Metropolitan and Another (2023/02247) [2024] ZAGPJHC 1289 (13 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/02247

Judge

Windell

The court interdicted the City of Johannesburg from disconnecting water to a Curro school pending final resolution of a municipal billing and zoning dispute.

• Municipal Services Dispute
• Interim Interdict
• Zoning And Tariffs
• Local Government Municipal Systems Act
• Debt Collection
• Credit Control Measures

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

AJ Murphy Flowers (Pty) Ltd v Mogale City Local Municipality (2024/054911)

AJ Murphy Flowers (Pty) Ltd v Mogale City Local Municipality (2024/054911) [2024] ZAGPJHC 549 (10 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/054911

Judge

NH Maenetje

Urgent interim interdict granted to stop Mogale City from disconnecting water and electricity pending disputes over rates, taxes and valuation.

• Interim Interdict
• Municipal Services Disconnection
• Credit Control Measures
• Property Valuation Dispute
• Rates And Taxes
• Urgency In Application

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v City of Johannesburg Metropolitan Municipality and Another (2023/114156)

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v City of Johannesburg Metropolitan Municipality and Another (2023/114156) [2024] ZAGPPHC 470 (30 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/114156

Judge

NN Bam

The High Court refused an urgent interdict to stop electricity disconnections, finding the applicants had not shown a clear right, irreparable harm, or a favourable balance of convenience.

• Municipal Services Termination
• Interim Interdict
• Credit Control Measures
• Section 102 Dispute
• Electricity Tariffs
• Separation Of Powers

Sacramento and Another v City of Tshwane Metropolitan Municipality (006225/2023)

Sacramento and Another v City of Tshwane Metropolitan Municipality (006225/2023) [2023] ZAGPPHC 58 (3 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

006225/2023

Judge

M Mojapelo

The High Court ordered Tshwane to provide accurate municipal accounts and barred credit control steps, including electricity disconnection, until the billing dispute is resolved.

• Municipal Services
• Electricity Disconnection
• Spoliation
• Municipal Systems Act
• Credit Control Measures
• Municipal-services

Casting, Forging & Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (93301/2019)

Casting, Forging & Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (93301/2019) [2019] ZAGPPHC 967 (24 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

93301/2019

Judge

D S Fourie

Section 102(2) of the Municipal Systems Act is intended to address internal disputes between a municipality and a consumer regarding metering, consumption, calculation of amounts due, or inaccurate accounts. The applicants' dispute concerns the lawfulness of a tariff determination by NERSA, which is an external third party and not a municipality. Therefore, section 102(2) does not apply to this dispute. The applicants failed to set out the grounds of review in the founding affidavit and cannot rely on documents from another application. No prima facie case was made out for the grounds of revi…

Source excerpt

• Municipal Tariffs
• Interim Interdict
• Credit Control Measures
• Statutory Interpretation