South Africa Case Law

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

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019)

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019) [2021] ZASCA 19 (12 March 2021)

Court

Supreme Court of Appeal

Case number

1139/2019

Judges

Navsa, Molemela, Nicholls, Ledwaba, Rogers

The court held that the City could levy a development capital charge for electricity supply when Nu-Way applied in 2014, and the appeal succeeded.

• Municipal Charges
• Electricity Supply By Law
• Less Formal Township Establishment Act
• Development Capital Charge
• Municipal-charges
• Electricity-supply

Xhosana v King Sabata Dalinyebo Municipality and Others; In Re: Mpakati v King Sabata Dalinyebo Municipality and Others; In Re: Mehlwempi v King Sabata Dalinyebo Municipality and Others (1477/2013, 1478/2013, 1482/2013)

Xhosana v King Sabata Dalinyebo Municipality and Others; In Re: Mpakati v King Sabata Dalinyebo Municipality and Others; In Re: Mehlwempi v King Sabata Dalinyebo Municipality and Others (1477/2013, 1478/2013, 1482/2013) [2014] ZAECMHC 24 (13 March 2014)

Court

Eastern Cape High Court, Mthatha

Case number

1477/2013, 1478/2013, 1482/2013

Judge

G Goosen

The court found that the relevant Electricity Supply By-Law did not expressly authorise the municipality to discontinue the supply of electricity in cases of unauthorised connections or diversions. Clause 11(d) only permitted the removal of unauthorised connections or diversions and the recovery of associated costs, but did not empower the municipality to disconnect the supply itself. The court rejected the respondents' argument for a purposive interpretation, holding that powers to discontinue supply must be clearly and unequivocally provided for in the By-Law, which was not the case here. A…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Services
• Electricity Supply By Law
• Ultra Vires
• Procedural Fairness