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Tarica and Another v City of Johannesburg Metropolitan Municiaplity (2023/044543) [2024] ZAGPJHC 1261 (6 December 2024)
The court held that the municipality failed to justify disputed billing on a residential account and that older, prescribed charges were unenforceable.
Vresthena (Pty) Ltd t/a Tuscany v Rustenburg Local Municipality (CIV APP MG13/2023) [2024] ZANWHC 280 (11 November 2024)
The court held that the respondent was obliged to serve pre-termination notices on all consumers, including the appellant's tenants, before disconnecting municipal services. The respondent's failure to do so violated its own by-laws, the Credit Control Policy, and the requirements of procedural fairness under section 33 of the Constitution and PAJA. The court found that the existence of a pending dispute regarding erroneous consumption charges precluded the respondent from terminating services under section 102(2) of the Municipal Systems Act. The court a quo erred by focusing solely on wheth…
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City of Johannesburg Metropolitan Municipality v Mir-Air Prop (Pty) Limited (2023/093920) [2024] ZAGPJHC 977 (1 October 2024)
The court found that the plaintiff's claim was not liquidated, as the quantum was based on estimated and disputed readings, and no actual supply of electricity was alleged or proven for the relevant period. The defendant provided detailed factual disputes supported by photographs and account statements, demonstrating that the property was vacant, supply was terminated, and meters showed zero or no consumption. The plaintiff failed to engage with these factual disputes and relied on internal policies and by-laws that could not override statutory requirements. The court held that section 102(2)…
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Gridline Construction (Pty) Ltd v City of Johannesburg and Others (2024/076060) [2024] ZAGPJHC 938 (19 September 2024)
The court allowed discovery in an electricity charge dispute, finding exceptional circumstances and ordering production of job cards used to record meter readings.
Hansa and Another v Ethekwini Municipality (D4758/2023) [2024] ZAKZDHC 57 (30 August 2024)
The High Court ordered eThekwini Municipality to pay costs after a trust was forced to litigate over an unexplained exorbitant electricity charge.
Ngceke v Chief Financial Officer, Buffalo City Metropolitan Municipality and Another (EL1246/2023) [2024] ZAECELLC 34 (18 June 2024)
The court held the municipality had to respond to a water-billing dispute and that no internal appeal had to be exhausted because no decision had been made.
Ackerman v City Of Johannesburg (2022/9392) [2024] ZAGPJHC 334 (5 April 2024)
The applicant's persistent written queries and demands regarding specific charges on her municipal account, supported by detailed correspondence and a chronology of disputes, satisfy the requirements for a 'dispute' under section 102(2) of the Local Government: Municipal Systems Act. The City's failure to provide intelligible explanations or reconcile estimated charges with actual readings, coupled with its contradictory evidence, undermines its claim of accurate billing. The applicant is not a delinquent consumer, as she continues to pay amounts she reasonably believes are due. The City's re…
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Afhco Holdings (Pty) Limited v City of Johannesburg Metropolitan Municipality and Others (2021-58758) [2024] ZAGPJHC 238 (28 February 2024)
The court found that the respondents had not complied with the rectification order at the time of the contempt hearing, as the compliance notice did not constitute an accurate and rectified municipal statement as required. The respondents' subsequent actions and documents uploaded after the hearing could not be considered. The fifth respondent was not deprived of an opportunity to be heard, as the order provided for him to appear and explain non-compliance. The argument that the order should have been made against the fourth respondent was raised for the first time on appeal and was not suppo…
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George Stott & Co (Pty) Ltd v City Of Johannesburg Metropolitan Municipality (0045661/2023) [2024] ZAGPJHC 120 (11 February 2024)
The court found that the respondent's entitlement to back-bill the applicant for electricity charges was limited by section 9(7) of its Electricity By-laws to a period not exceeding six months prior to discovery of the undercharging. The respondent's attempt to recover charges for a period exceeding six months was unlawful. The court rejected the respondent's argument for joinder of City Power, finding no evidence of a direct and substantial legal interest warranting joinder. The alleged factual disputes regarding the calculation of the amount to be credited were resolved by reference to undi…
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K2012190864 (Pty) Limited v City of Johannesburg Metropolitan Municipality (8538/2022) [2023] ZAGPJHC 1178 (26 September 2023)
The court found that the applicant was the true customer for the disputed municipal account, notwithstanding misdescription in the respondent's records. The respondent's billing practices were found to be inaccurate, with arbitrary termination of instalment plans, excessive charges, and failure to properly account for payments and faulty meter readings. The respondent's denials were unsubstantiated and did not raise genuine disputes of fact. The applicant established its entitlement to rectification of the account, reinstatement of the 2017 instalment plan, proper reflection of actual meter r…
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