South Africa Case Law

39 Van Der Merwe Street Hillbrow CC v City Of Johannesburg Metropolitan Municipality and Another (2023-069078)

39 Van Der Merwe Street Hillbrow CC v City Of Johannesburg Metropolitan Municipality and Another (2023-069078) [2023] ZAGPJHC 963 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-069078

Judge

Vally

The High Court refused urgent interim relief to reconnect electricity, finding the applicant had not rebutted evidence of an illegal connection and meter tampering.

• Interim Interdict
• Municipal Services
• Illegal Electricity Connection
• Statement And Debatement
• Local Government Municipal Systems Act
• Interim-interdict

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015)

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015) [2023] ZAGPJHC 163 (27 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-007015

Judge

Manoim

The applicants, as sub-tenants, do not possess a right to electricity supply that is incidental to possession and cannot rely on spoliation against the City. The contract for supply is between the City and the landlord, not the applicants. The City lawfully terminated supply due to non-payment and subsequently due to an illegal connection, as permitted by its by-laws. The applicants failed to establish procedural unfairness or irrationality under PAJA, as both non-payment and illegal connection are valid grounds for termination. The facts differ from Joseph v City of Johannesburg, as the pres…

Source excerpt

• Spoliation
• Promotion Of Administrative Justice Act
• Municipal Services Disconnection
• Illegal Electricity Connection
• Tenant Rights
• Costs Award

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015)

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015) [2023] ZAGPJHC 171 (27 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-007015

Judge

N Manoim

The applicants, as sub-tenants, have no possessory or contractual right to the electricity supply from the City, as the supply contract exists only between the City and the landlord. Spoliation does not apply because their right is not incidental to possession. The City’s termination of supply was lawful, based on both non-payment and the existence of an illegal connection, as confirmed by photographic evidence and the City’s technician. The applicants’ reliance on PAJA fails because the supply was unlawful, and PAJA does not protect rights arising from illegal connections. The Joseph case is…

Source excerpt

• Spoliation
• Promotion Of Administrative Justice Act
• Municipal Services Termination
• Illegal Electricity Connection
• Tenant Rights