Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Eskom Holdings SOC Limited v Matjhabeng Local Municipality (3040/2023) [2024] ZAFSHC 127 (6 May 2024)
The court refused summary judgment to Eskom, finding the municipality raised a bona fide defence based on alleged non-compliance with intergovernmental dispute procedures.
Enoch Mgijima Local Municipality and Another v Eskom Holdings SOC Ltd and Others (1222/2021) [2023] ZAECMKHC 24 (14 February 2023)
The High Court dismissed a municipality’s rescission bid against an order confirming its debt settlement with Eskom, finding no common mistake under Rule 42(1)(c).
Nketoana Local Municipality v Eskom Holdings (SOC) Limited (1222/2018) [2021] ZAFSHC 1 (7 January 2021)
The court found that while Eskom was entitled to interrupt electricity supply under the relevant agreements and legislation due to the municipality's breach of payment obligations, such action was subject to constitutional and statutory constraints. Eskom's decision to interrupt supply did not meet the requirements of rationality and reasonableness, as it would not ensure payment of arrears and would cause severe hardship to residents. Furthermore, Eskom's conduct amounted to unconstitutional self-help, as it failed to exhaust available intergovernmental dispute resolution mechanisms. The mun…
Source excerpt
Cradock Business Forum and Others v ESKOM Holdings SOC Limited and Others (1900/2019) [2020] ZAECGHC 65 (17 June 2020)
The court held that it is not a mere rubber stamp for parties' draft orders and must exercise discretion to ensure any order is clear, enforceable, and appropriate to the facts. Given the municipality's uncertain financial position and history of defaulting on payment plans, the court found it inappropriate to bind the municipality to a 13- or 17-year payment plan. Instead, the court ordered a shorter, reviewable payment plan ending December 2021, with monthly payments of R900,000 (R600,000 for Middelburg and R300,000 for Cradock), commencing 31 August 2020. The court also ordered ongoing fin…
Source excerpt
Newcastle Minicipality and Another v Eskom Soc Ltd and Another (4102/2019P) [2020] ZAKZPHC 4 (30 January 2020)
The High Court ordered Eskom to pay Lanxess’s intervention and wasted costs after finding Eskom’s late affidavit caused the adjournment. No costs order was made between Cogta and Eskom.
Nchabeleng v Yena Investments CC and Others (10378/2017) [2017] ZAGPJHC 439 (17 November 2017)
The High Court rescinded a final winding-up order against Yena Investments CC after finding the order was granted without proper service and that a bona fide defence existed.
Explore more
