South Africa Case Law

City of Matlosana Local Municipality v Eskom Holdings SOC Ltd and Others :In re: Eskom Holdings SOC Limited v City of Matlosana Local Municipality (35921/20)

City of Matlosana Local Municipality v Eskom Holdings SOC Ltd and Others :In re: Eskom Holdings SOC Limited v City of Matlosana Local Municipality (35921/20) [2022] ZAGPJHC 464 (5 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

35921/20

Judge

Goedhart AJ

The court held that the municipality's application for an interim interdict must fail. The IRFA process does not suspend or override valid court orders, and the municipality's invocation of IRFA was belated and did not comply with statutory requirements. The municipality failed to demonstrate that it had taken all reasonable measures within its available resources to comply with its obligations. The writs of execution were competently issued under the terms of the 8 December 2020 court order, which was clear and unambiguous. The municipality's financial constraints and Covid-19 related diffic…

Source excerpt

• Municipal Debt Enforcement
• Writ Of Execution
• Intergovernmental Relations Framework Act
• Public Policy
• Contempt Of Court

MEC: Northern Cape Provincial Government: Department of Cooperative Governance and Traditional Affairs and Another v Renosterberg Local Municipality and Another (803/2021)

MEC: Northern Cape Provincial Government: Department of Cooperative Governance and Traditional Affairs and Another v Renosterberg Local Municipality and Another (803/2021) [2022] ZANCHC 34 (31 May 2022)

Court

Northern Cape High Court, Kimberley

Case number

803/2021

Judge

O.K. Chwaro

The court found that the MEC and SAMWU established a prima facie right rooted in constitutional and statutory obligations to supervise and support municipalities, and to ensure disputes with other organs of state are resolved through prescribed mechanisms. The urgency was justified due to the risk of further attachment and removal of funds earmarked for essential services and salaries, which could render the municipality unable to function. The balance of convenience favoured the applicants, as Eskom's right to execute was not extinguished but temporarily limited pending the outcome of the ma…

Source excerpt

• Interim Interdict
• Municipal Debt Enforcement
• Constitutional Obligations Of Province
• Execution Stay
• Intergovernmental Relations Framework Act

Twizza (Proprietary) Limited and Others v Enoch Mgijima Local Municipality and Others (3413/2018)

Twizza (Proprietary) Limited and Others v Enoch Mgijima Local Municipality and Others (3413/2018) [2020] ZAECGHC 144 (8 December 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

3413/2018

Judge

NG Beshe

The High Court held the municipality and officials in contempt for wilful non-compliance with a court-ordered payment agreement to Eskom.

• Municipal Debt Enforcement
• Contempt Of Court
• Wilful Non Compliance
• Payment Agreement
• Local Government Finance
• Contempt-of-court