Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024)
Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024) [2024] ZAGPPHC 1138 (11 November 2024)
The court found that National Treasury had not terminated Emfuleni's participation in the National Debt Relief Program, as confirmed by Treasury's communication on 23 September 2024. Accordingly, Eskom was not entitled to enforce historical debt judgments or attach Emfuleni's bank accounts while the municipality remained a participant. The attachment caused ongoing irreparable harm by preventing Emfuleni from fulfilling statutory and constitutional obligations. The requirements for a stay of execution were met, as real and substantial injustice would result if the writ was not suspended pendi…
Source excerpt
- Municipal Debt Relief Programme
- Stay Of Execution
- Writ Of Attachment
- Constitutional Obligations Of Municipalities
- Intergovernmental Dispute Resolution
- Contempt Of Court