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South Africa decisions
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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).
City of Tshwane Metropolitan Municipality v Glofurn (Pty) Ltd (136/2023) [2024] ZASCA 101 (19 June 2024)
The SCA held that Tshwane could not disconnect Glofurn’s electricity while an account dispute under s 102(2) of the Municipal Systems Act remained unresolved.
Body Corporate of Willow and Aloe Grove v City of Johannesburg and Another (41604/2020 ; 13541/2022) [2023] ZAGPJHC 1451 (11 December 2023)
The court held that the legislative scheme governing municipal credit control and dispute resolution creates binding obligations on both customers and municipalities. Customers must frame disputes clearly and engage in good faith, while municipalities must investigate and provide cogent written determinations. The court cannot interfere with the municipality's determination of account disputes or compel specific recalculations, as this would constitute an impermissible incursion into the contractual and administrative relationship. Judicial review is only available after exhaustion of interna…
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