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South Africa decisions
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Sombinge v Ethekwini Municipality and Others (D10016/2022) [2023] ZAKZDHC 80 (13 October 2023)
The court dismissed an application to compel a municipality to shift outstanding municipal debt from property-related accounts to personal accounts and issue a rates clearance certificate.
First Rand Bank Limited v Mavukakaseni and Others [2023] ZAGPPHC 71; 61746/2013 (10 February 2023)
The court found that the applicant had not established grounds for a sale in execution without a reserve price but had made out a case for a sale at the reduced reserve price of R294,019.89. The court considered the respondents' opposition and the history of failed negotiations, noting that the respondents had opportunities to facilitate a higher sale but did not cooperate. The court held that municipal debts must be factored into the reserve price calculation, as required by Rule 46A(9)(b). The respondents retain the opportunity to bid at the sale in execution. The court granted the order as…
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Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Another (A318/2021) [2022] ZAGPPHC 820 (14 October 2022)
Appeal against a section 18 execution order dismissed; the court held the judge had authority to hear it, reasons were given, and exceptional circumstances were shown.
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.
Tokologo Local Municipality v Eskom Holdings Soc Ltd and Others (4991/2018) [2019] ZAFSHC 241 (13 December 2019)
The court granted Tokologo Local Municipality an interim interdict stopping Eskom from interrupting bulk electricity supply, pending review and dispute resolution.
Resilient Properties (Pty) Ltd v Eskom Holdings SOC Limited and Others (2018/11316) [2018] ZAGPJHC 584; 2019 (2) SA 577 (GJ); [2019] 2 All SA 185 (GJ) (14 September 2018)
The court held that Eskom is entitled under s.21(5) of the Electricity Regulation Act, read with its supply agreement, to interrupt electricity supply to a municipality for non-payment. However, the exercise of this power constitutes administrative action subject to review under PAJA and the Constitution, requiring at least rationality and procedural fairness. On the facts, Eskom's proposed interruption decision was found to be irrational due to the catastrophic consequences for the community, and the balance of convenience favoured the applicant. The court declined to grant the comprehensive…
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