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Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25) [2025] ZANWHC 116 (9 July 2025)
The High Court confirmed a rule nisi restoring electricity to the applicants’ home, holding the municipality’s disconnection was unlawful spoliation.
Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024) [2025] ZAFSHC 194 (25 June 2025)
The High Court confirmed a rule nisi restoring electricity to a business premises, holding that Eskom’s disconnection was an unlawful spoliation of quasi-possession.
Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023) [2024] ZAGPPHC 1216 (26 November 2024)
The court found that the applicants had established a clear right not to have their electricity supply disconnected pending the resolution of valid section 102 disputes regarding the lawfulness of municipal tariffs. The Kubushi judgment set aside the 2019/2020 tariffs, and the methodology used for subsequent years remains unresolved. The respondents cannot rely on tariffs declared unlawful and must comply with procedural fairness, including providing adequate notice and an opportunity for representations before disconnection. The applicants' litigation was not vexatious, as each application w…
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Van Der Linde v Tshwane Metropolitan Municipality and Another (121281/2024) [2024] ZAGPPHC 1229 (19 November 2024)
Urgent application to restore municipal electricity was struck from the roll because the applicant failed to show true urgency under Rule 6(12).
Van Kerken v Eskom Holdings SOC Limited and Another (3771/2024) [2024] ZAECMKHC 98 (5 September 2024)
The court found that the applicant and Eskom have a commercial relationship governed by contract, and the supply of electricity is a personal right arising from that contract, not an incident of possession of the property. The applicant failed to establish urgency, as the urgency was self-created by his own inaction after being forewarned of disconnection for non-payment. The mandament van spolie does not protect purely contractual rights, and the deprivation of electricity supply in these circumstances does not constitute spoliation. The application was accordingly dismissed, and costs were…
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Silver Manor Prop (Pty) Ltd v Matjhabeng Local Municipality (630/2023) [2023] ZAFSHC 456 (22 November 2023)
The Court found that the Respondent failed to provide sufficient proof that proper notice of disconnection was served on the Applicant, as required by its own policy and by Section 115 of the Municipal Systems Act. Vague assertions of notice being 'transmitted' or 'furnished' were insufficient, and the Respondent did not demonstrate that the Applicant was afforded the opportunity to respond or make enquiries. The Court accepted that the Applicant was justified in approaching the Court urgently for relief. On the issue of authority, the Court held that the Respondent's ratification of the Muni…
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De Koker v Eskom Holdings SOC Ltd and Another (077168/2023) [2023] ZAGPJHC 1046 (19 September 2023)
The court held that Eskom's decision to disconnect electricity supply to tenants, who are not in a direct contractual relationship with Eskom, constitutes administrative action under PAJA. Such action materially and adversely affects tenants' rights and legitimate expectations, including access to basic services necessary for the enjoyment of socio-economic rights. Eskom is therefore required to give adequate notice to tenants before disconnection, allowing them a reasonable opportunity to make representations. The court found that Eskom failed to comply with these procedural requirements, re…
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Brokenshire NO v City Of Johannesburg Metropolitan (081420/2023) [2023] ZAGPJHC 1060 (18 August 2023)
The High Court held that the city’s electricity disconnection was unlawful because it occurred without a fresh pretermination notice during ongoing engagement and pending debt litigation.
Naude N.O and Others v Eskom Holdings SOC Limited (17339/2020) [2021] ZAWCHC 155 (27 July 2021)
The court found that no binding settlement agreement existed between the parties, as the proposal (CJ8) was marked 'without prejudice' and expressly required a written agreement to be signed and made a court order, which never occurred. The applicants repeatedly refused to sign deferral agreements and failed to pay the full arrears. Eskom, as a licensee under the Electricity Regulation Act, was statutorily empowered to disconnect supply where the customer refused to honour or enter into an agreement or contravened payment conditions. The applicants' payments did not settle the arrears, and th…
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Stoltz and Others v Rustenberg Local Municipality (UM29/2020) [2020] ZANWHC 46 (28 May 2020)
The High Court struck an urgent application off the roll after finding the applicants delayed too long after electricity was disconnected and failed to show true urgency.
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