South Africa Case Law

Body Corporate The Straight v Katisi (2023/031774)

Body Corporate The Straight v Katisi (2023/031774) [2025] ZAGPJHC 2 (3 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/031774

Judge

Windell

The court found that the Body Corporate is entitled to judgment for arrear levies and electricity charges, as the respondent conceded indebtedness and failed to raise a valid defence. The scheme's rules and resolutions, passed by the trustees, bind all unit owners, including the respondent, and authorise recovery of arrears and disconnection of electricity for non-payment. The Body Corporate demonstrated a tacit agreement with the respondent upon his purchase of the unit, obliging him to comply with scheme rules. The applicant followed due process, including notice of consequences for non-pay…

Source excerpt

• Sectional Titles Schemes Management Act
• Arrear Levies
• Electricity Disconnection
• Tacit Agreement
• Interest On Arrears

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

Occupiers of Erven 139 Berea v City of Johannesburg and Another (20/38456)

Occupiers of Erven 139 Berea v City of Johannesburg and Another (20/38456) [2020] ZAGPJHC 352 (17 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20/38456

Judge

S Budlender

The court held that the termination of electricity supply to the residents without pre-termination notice was unlawful. The City was aware of the residents' occupation and their opposition to the disconnection. The Constitutional Court's decision in Joseph v City of Johannesburg was directly applicable, establishing that procedural fairness under PAJA requires notice to residents before municipal services are terminated. The City's reliance on by-law provisions did not override its constitutional and statutory obligations. No evidence was presented that the disconnection was for safety reason…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Services
• Procedural Fairness
• Electricity Disconnection
• Unlawful Administrative Action

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

Vrey NO and Another v City of Tshwane Metropolitan Municipality (14985/09)

Vrey NO and Another v City of Tshwane Metropolitan Municipality (14985/09) [2009] ZAGPPHC 154 (11 December 2009)

Court

North Gauteng High Court, Pretoria

Case number

14985/09

Judge

Ismail AJ

The High Court dismissed an urgent spoliation application against Tshwane, holding that the applicants lacked locus standi and that the dispute was contractual.

• Mandament Van Spolie
• Locus Standi
• Municipal Services Contract
• Municipal Systems Act
• Electricity Disconnection
• Mandament-van-spolie