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South Africa decisions
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Absa Bank Limited v PP Mare Boerdery (Pty) Ltd (8655/2023) [2025] ZALMPPHC 53 (25 March 2025)
The High Court granted a provisional winding-up order against a surety company, finding a prima facie case of commercial insolvency and no bona fide dispute.
Curro Holding Limited and Another v City of Johannesburg Municipality Metropolitan and Another (2023/02247) [2024] ZAGPJHC 1289 (13 December 2024)
The court interdicted the City of Johannesburg from disconnecting water to a Curro school pending final resolution of a municipal billing and zoning dispute.
Harrismith Intabazwe Tsiame Residents Association (Pty) Ltd ("HIT") and Others v Maluti-A-Phofung Local Municipality and Another (1751/2024) [2024] ZAFSHC 160 (21 May 2024)
High Court restored electricity to a business premises under the mandament van spolie, but ordered the applicants to pay costs because of their non-payment and lack of candour.
City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/2022) [2024] ZASCA 51; 2024 (6) SA 159 (SCA) (18 April 2024)
The Supreme Court of Appeal held that the High Court's order was final in effect and thus appealable, as it compelled the City to restore and continue supplying electricity to the Retail Park without ensuring payment of arrears or imposing reciprocal obligations on all owners. The order undermined the City's constitutional and statutory duty to collect revenue for services rendered and forced it to act contrary to its legal mandate. Vresthena, as an owner of sectional title units, had no contractual right to receive electricity directly from the City, and its remedy lay in compelling the body…
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Summerhill Colege International v City of Johannesburg and Another (24865/2018) [2019] ZAGPJHC 474 (24 October 2019)
The applicant failed to prove the existence of a valid service agreement with the City of Johannesburg. The application form was incomplete, required warranties were not signed, and arrears remained unpaid. The mere submission of the form and alleged deposit did not constitute a concluded contract. The applicant, as tenant, cannot circumvent the owner's municipal debt by seeking a new account. Spoliation relief is unavailable as the applicant seeks final, not interim, relief, and no possessory right to electricity supply was established. The applicant has had the benefit of electricity supply…
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Ditsobotla Local Municipality v Iga Dada Properties (MAG04/2017) [2018] ZANWHC 15 (7 June 2018)
The appeal succeeded because the respondent failed to disclose material facts in its urgent application for spoliation, specifically prior repayment agreements and defaults. The agreement between the parties was valid and enforceable without needing to be made an order of court. The respondent was responsible for ensuring full payment of the monthly amount, including the tenants' portion, and its failure to do so justified the appellant's disconnection of electricity supply. The Magistrate misconstrued the agreement and relevant legislation, and erred in confirming the Rule Nisi. The appellan…
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I-Com Services (Pty) Ltd v Picture Perfect Trading 239 (Pty) Ltd (76358/2015) [2017] ZAGPPHC 533 (22 August 2017)
The court dismissed a provisional winding-up application, finding no proved debt due and payable and no basis for liquidation on just and equitable grounds.
Argent Industrial Investment (Pty) Ltd v Ekurhuleni Metropolitan Municipality (17808/2016) [2017] ZAGPJHC 14; 2017 (3) SA 146 (GJ) (13 February 2017)
The High Court held that municipal water charges older than three years had prescribed where the municipality failed to read the meter or invoice within a reasonable time.
Afriforum NPC and Others v Eskom Holdings and Others (99984/2015) [2017] ZAGPPHC 63 (5 January 2017)
The court found that the applicants failed to establish urgency and locus standi to act on behalf of consumers. The rights of consumers, assuming they exist against Eskom, cannot override the national interest and Eskom's statutory obligations. Eskom acted within its legislative and contractual rights to interrupt supply for non-payment, and the planned interruptions were rational and minimally invasive. The requirements for an urgent interim interdict were not met, and the court exercised its discretion against granting the relief sought. The application was dismissed with costs.
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Land and Agricultural Development Bank of South Africa v Factaprops 1052 CC and Another (64702/2010) [2015] ZAGPPHC 744; 2016 (2) SA 477 (GP) (10 September 2015)
The court held that a special notarial bond registered in terms of the Security by Means of Movable Property Act creates a real right of security equivalent to a mortgage bond. The legislature, through amendments to the Insolvency Act and the Security Act, intended to include special notarial bonds within the meaning of 'mortgage bond' for the purposes of section 11(a)(i) of the Prescription Act. Therefore, the applicable prescription period for a debt secured by a special notarial bond is 30 years, not three years. The plaintiff's claim had not prescribed, as service of summons interrupted t…
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