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South Africa decisions
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Eskom Holdings SOC Ltd v Nketoana Local Municipality (1222/2018) [2021] ZAFSHC 102 (6 May 2021)
Leave to appeal was dismissed in a dispute over Eskom’s interruption of electricity supply to Nketoana Local Municipality.
Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021)
The court found that the applicants were in lawful possession of the premises and that the supply of electricity was essential for the operation of their businesses. The respondents' act of loading arrears onto the pre-paid meters, thereby restricting access to electricity, materially interfered with the applicants' possession of the property. The court distinguished between purely personal rights and incidents of possession, holding that in this case, the right to electricity was an adjunct to the right of occupation and formed part of the cluster of rights inherent in possession. The respon…
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Pioneer Foods (Pty) Ltd v Eskom Holdings Soc Ltd and Others (00016/2018) [2019] ZAGPJHC 454 (31 October 2019)
The High Court held that an earlier order against Eskom was procedural only and did not require uninterrupted electricity supply; the contempt application was dismissed.
Ngwathe Local Municipality v Eskom Holdings Soc Ltd and Others (4425/2014) [2015] ZAFSHC 104 (28 May 2015)
The court dismissed Ngwathe Municipality’s urgent bid to stop Eskom disconnecting electricity, and allowed disconnection if arrears were not paid, subject to notice.
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