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Hassiem v Prime Property Investments (Pty) Ltd and Others (2024/137597) [2024] ZAGPJHC 1304 (24 December 2024)
Urgent spoliation application struck from the roll for lack of urgency over disputed electricity supply to a sectional title flat.
Highlands CC v Matjhabeng Local Municipality (6835/2023) [2024] ZAFSHC 322 (19 September 2024)
The High Court held that Matjhabeng Local Municipality unlawfully removed individual electricity meters and installed a bulk meter without proving consent or authority.
City of Tshwane Metropolitan Municipality v Glofurn (Pty) Ltd (136/2023) [2024] ZASCA 101 (19 June 2024)
The SCA held that Tshwane could not disconnect Glofurn’s electricity while an account dispute under s 102(2) of the Municipal Systems Act remained unresolved.
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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George Stott & Co (Pty) Ltd v City Of Johannesburg Metropolitan Municipality (0045661/2023) [2024] ZAGPJHC 120 (11 February 2024)
The court found that the respondent's entitlement to back-bill the applicant for electricity charges was limited by section 9(7) of its Electricity By-laws to a period not exceeding six months prior to discovery of the undercharging. The respondent's attempt to recover charges for a period exceeding six months was unlawful. The court rejected the respondent's argument for joinder of City Power, finding no evidence of a direct and substantial legal interest warranting joinder. The alleged factual disputes regarding the calculation of the amount to be credited were resolved by reference to undi…
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Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd (600/2022) [2023] ZASCA 138; [2024] 1 All SA 1 (SCA) (25 October 2023)
The Supreme Court of Appeal held that the unlawful occupiers did not have a direct, substantial, and legal interest in the dispute between Lehlaka and the Municipality regarding the termination of the consumer agreement for electricity supply. The relationship between Lehlaka and the Municipality was contractual, and the termination of the agreement did not affect any public law rights of the unlawful occupiers at this stage. The Municipality's constitutional duty to provide basic services does not translate into an obligation for private landowners to supply electricity to unlawful occupiers…
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Gumede NO and Others v City of Johannesburg (2023-081841) [2023] ZAGPJHC 951 (23 August 2023)
The court found that the matter was urgent due to the essential nature of electricity supply for the applicants' business operations. The respondent failed to comply with the previous court order by not resolving the disputed amount or instituting legal proceedings for its recovery. The method of delivering the pre-termination notice by pasting it on the property wall was insufficient, as there was no certainty that the applicants received it. Although the respondent did not act with the required intent to be found in contempt, as it believed it had complied with the notice requirement, it wa…
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Cherrie Pink (Pty) Ltd v Montana Steel Cord (Pty) Ltd (037765/2023) [2023] ZAGPJHC 511 (18 May 2023)
The court found that the respondent was not unlawfully deprived of possession, as the right to electricity supply was contractual and not an incident of possession. The respondent remained in occupation of the premises and had no right to self-help by reconnecting electricity. The counter-application for spoliation was procedurally defective and substantively without merit, as the respondent failed to launch it promptly after the initial disconnection and did not dispute the amounts owed at the relevant time. The applicant demonstrated urgency and a clear right to relief, having exhausted oth…
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Enoch Mgijima Local Municipality and Another v Eskom Holdings SOC Ltd and Others (1222/2021) [2023] ZAECMKHC 24 (14 February 2023)
The High Court dismissed a municipality’s rescission bid against an order confirming its debt settlement with Eskom, finding no common mistake under Rule 42(1)(c).
Atoll Metal Recovery (PTY) Ltd v Ekhurhuleni Metropolitan Municipality (22/3059) [2022] ZAGPJHC 944 (28 November 2022)
Default judgment was granted to a mining company after the municipality failed to defend a claim for damages arising from interrupted electricity supply.
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