South Africa Case Law

Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/048808)

Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/048808) [2024] ZAGPJHC 579 (20 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/048808

Judge

Maenetje AJ

The High Court ordered the City of Johannesburg and City Power to pay Eskom’s overdue electricity account, rejecting set-off based on alleged overbilling.

• Electricity Supply Agreements
• Set Off
• Urgent Interdict
• Contractual Payment Obligations
• Interest On Debt
• Electricity-supply-agreements

Nketoana Local Municipality v Eskom Holdings (SOC) Limited (1222/2018)

Nketoana Local Municipality v Eskom Holdings (SOC) Limited (1222/2018) [2021] ZAFSHC 1 (7 January 2021)

Court

Free State High Court, Bloemfontein

Case number

1222/2018

Judge

P.J. Loubser

The court found that while Eskom was entitled to interrupt electricity supply under the relevant agreements and legislation due to the municipality's breach of payment obligations, such action was subject to constitutional and statutory constraints. Eskom's decision to interrupt supply did not meet the requirements of rationality and reasonableness, as it would not ensure payment of arrears and would cause severe hardship to residents. Furthermore, Eskom's conduct amounted to unconstitutional self-help, as it failed to exhaust available intergovernmental dispute resolution mechanisms. The mun…

Source excerpt

• Interim Interdict
• Municipal Indebtedness
• Electricity Supply Agreements
• Self Help Prohibition
• Intergovernmental Dispute Resolution
• Promotion Of Administrative Justice Act

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016)

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016) [2016] ZANWHC 61 (15 December 2016)

Court

North West High Court, Mafikeng

Case number

M56/2016

Judge

R D Hendricks

The court held that the owners were not liable for 11KV electricity charges contracted by their tenant and removed the charges from their municipal account.

• Municipal Services Liability
• Electricity Supply Agreements
• Contractual Privity
• Debt Collection Policy
• Municipal-services-liability
• Electricity-supply-agreements