South Africa Case Law

Mapompo v King Sabata Dalindyebo Local Municipality and Another (Reasons) (2640/2025)

Mapompo v King Sabata Dalindyebo Local Municipality and Another (Reasons) (2640/2025) [2025] ZAECMHC 65 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2640/2025

Judge

L Rusi

The court found that the applicant had established a prima facie right to electricity supply and to fair procedure, specifically the right to receive a pre-termination notice before disconnection. The respondents failed to prove service of the notice, and the applicant's evidence that no mailbox existed and no personal service was attempted was accepted. The applicant demonstrated ongoing harm and lack of alternative remedy due to limited income, and the balance of convenience favoured interim relief. The respondents' reliance on prior case law was distinguished, as the applicant was making p…

Source excerpt

• Municipal Services Termination
• Interim Interdict
• Credit Control Policy
• Urgent Application
• Right To Fair Procedure

Mamilula CC v Emfuleni Local Municipality and Another (2025/030201)

Mamilula CC v Emfuleni Local Municipality and Another (2025/030201) [2025] ZAGPJHC 316 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/030201

Judge

Noko

The High Court granted urgent interim relief ordering Emfuleni to restore electricity to the applicant’s premises after finding the disconnection unlawful.

• Municipal Services Disconnection
• Interim Interdict
• Credit Control Policy
• Mandament Van Spolie
• Notice Requirements
• Dispute Resolution

Ngomane v City of Tshwane Metropolitan Municipality and Another (088813/2024)

Ngomane v City of Tshwane Metropolitan Municipality and Another (088813/2024) [2025] ZAGPPHC 254 (28 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

088813/2024

Judge

Labuschagne

The court ordered Tshwane to reconnect the applicant’s water, required payment of arrears for own consumption, and directed finalisation of related review proceedings.

• Right To Water
• Municipal Services Disconnection
• Interim Interdict
• Contempt Of Court
• Credit Control Policy
• Section 27 Rights

Tarica and Another v City of Johannesburg Metropolitan Municiaplity (2023/044543)

Tarica and Another v City of Johannesburg Metropolitan Municiaplity (2023/044543) [2024] ZAGPJHC 1261 (6 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/044543

Judge

Mahon

The court held that the municipality failed to justify disputed billing on a residential account and that older, prescribed charges were unenforceable.

• Municipal Billing Dispute
• Prescription Of Debt
• Municipal Services Account
• Credit Control Policy
• Metering Accuracy
• Municipal-billing-dispute

Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023)

Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023) [2024] ZAGPPHC 1216 (26 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

114156/2023

Judge

Baqwa

The court found that the applicants had established a clear right not to have their electricity supply disconnected pending the resolution of valid section 102 disputes regarding the lawfulness of municipal tariffs. The Kubushi judgment set aside the 2019/2020 tariffs, and the methodology used for subsequent years remains unresolved. The respondents cannot rely on tariffs declared unlawful and must comply with procedural fairness, including providing adequate notice and an opportunity for representations before disconnection. The applicants' litigation was not vexatious, as each application w…

Source excerpt

• Municipal Tariffs
• Electricity Supply Disconnection
• Section 102 Dispute
• Interdict Requirements
• Vexatious Litigation
• Credit Control Policy

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020)

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020) [2024] ZAMPMHC 46 (28 August 2024)

Court

Middelburg High Court, Mpumalanga

Case number

3826/2020

Judge

Langa

The court found that the Plaintiff had been provided with the accounts envisaged by section 95(e) of the Systems Act and had declared a formal dispute regarding their accuracy. The Plaintiff's reliance on section 95 for the delivery and debatement of accounts was misplaced, as the section does not expressly or impliedly confer such a right. The Plaintiff's reference to the Credit Control and Debt Collection Policy was also rejected, as the policy provides mechanisms for contesting accounts but does not include delivery and debatement as remedies. The relationship between the parties was found…

Source excerpt

• Statement Of Account
• Debatement Of Account
• Municipal Services Dispute
• Fiduciary Relationship
• Statutory Obligation
• Credit Control Policy

Ngceke v Chief Financial Officer, Buffalo City Metropolitan Municipality and Another (EL1246/2023)

Ngceke v Chief Financial Officer, Buffalo City Metropolitan Municipality and Another (EL1246/2023) [2024] ZAECELLC 34 (18 June 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1246/2023

Judge

Hartle

The court held the municipality had to respond to a water-billing dispute and that no internal appeal had to be exhausted because no decision had been made.

• Municipal Billing Dispute
• Exhaustion Of Internal Remedies
• Promotion Of Administrative Justice Act
• Credit Control Policy
• Failure To Take Decision
• Municipal-billing-dispute

Robarts Flagship Trust v Drakenstein Municipality (A08/2024)

Robarts Flagship Trust v Drakenstein Municipality (A08/2024) [2024] ZAWCHC 140 (27 May 2024)

Court

Western Cape High Court, Cape Town

Case number

A08/2024

Judges

Salie, Kusevitsky

The court held that, as the registered owner, the appellant is ultimately liable for municipal charges arising from the prepaid electricity meter installed at the property, even if the installation was done at the behest of a tenant without the owner's knowledge or consent. The statutory and constitutional framework places the responsibility for service charges on the owner, who bears the risk associated with the property. However, the municipality's claim for charges accrued over a nine-year period is subject to the Prescription Act, which limits recoverable debt for electricity charges to t…

Source excerpt

• Municipal Service Charges
• Prescription Of Debt
• Electricity Supply By Law
• Owner Liability
• Credit Control Policy

Hlazi v Buffalo City Metropolitan Municipality and Another (EL2070/2023; 2065/2023)

Hlazi v Buffalo City Metropolitan Municipality and Another (EL2070/2023; 2065/2023) [2023] ZAECELLC 19; 2023 (6) SA 464 (ECEL) (25 July 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2070/2023; 2065/2023

Judge

S A Collett

The court found that the Buffalo City Metropolitan Municipality's 80/20 debt collection policy, which restricts pre-paid electricity purchases by allocating the majority of payments to arrears, constitutes a debt collection mechanism that materially and adversely affects consumers' rights. The implementation of such a mechanism requires strict compliance with procedural fairness, including the provision of a 14-day written notice to affected consumers as mandated by the Credit Control Policy and the Municipal Systems Act. The municipality's failure to deliver such notice to the applicants bef…

Source excerpt

• Municipal Debt Collection
• Electricity Supply Restriction
• Procedural Fairness
• Credit Control Policy
• Notice Requirements

Whyte v City Of Johannesburg (2022/5354)

Whyte v City Of Johannesburg (2022/5354) [2023] ZAGPJHC 185 (28 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/5354

Judge

S C Mia

The court granted declaratory and interdictory relief over disputed municipal arrears, finding the City failed to properly reconcile estimated and actual meter readings.

• Municipal Billing Dispute
• Electricity And Water Services
• Credit Control Policy
• Interdict
• Declaratory Relief
• Municipal-billing