Eskom Holdings Soc Ltd v Sidoyi and Others (1207/2018)
Eskom Holdings Soc Ltd v Sidoyi and Others (1207/2018) [2019] ZASCA 65 (28 May 2019)
The Supreme Court of Appeal held that the central issue was whether the electricity installations to the respondents' homes were lawfully installed. There was a material dispute of fact on the papers regarding the lawfulness of the supply, which could not be resolved without oral evidence. The court found that if the supply was unlawful, the respondents had no right or legitimate expectation to its restoration, and the removal of illegal apparatus would not constitute administrative action under PAJA. Conversely, if the supply was lawful, the respondents would be entitled to relief. The matte…
Source excerpt
- Promotion Of Administrative Justice Act
- Lawful Electricity Supply
- Unlawful Disconnection
- Oral Evidence Referral