South Africa Case Law

Mankuroane and Others v Buti and Others (M164/23)

Mankuroane and Others v Buti and Others (M164/23) [2025] ZANWHC 118 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

M164/23

Judge

A Reddy

The court found that the applicants, as the Paramount Chief, Traditional Council, and registered cooperative, have locus standi as persons in charge and lawful custodians of the land under both statutory and customary law. The respondents are unlawful occupiers, having no permission or legal right to occupy the land, and have continued their occupation despite previous court orders. The applicants failed to serve the required PIE notice on the third and fourth respondents, rendering the application against them fatally defective. The remaining respondents have not raised a valid defence, and…

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• Prevention Of Illegal Eviction Act
• Customary Land Rights
• Locus Standi
• Just And Equitable Eviction
• Municipal Services
• Public Interest Litigation

Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025)

Mazatu and Another v OR Tambo District Municipality and Others (Reasons) (2660/2025) [2025] ZAECMHC 68 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2660/2025

Judge

Rusi

The court granted urgent interim relief stopping termination of water supply to occupiers of a Mthatha property, pending review, because notice and fair procedure were inadequate.

• Right Of Access To Water
• Procedural Fairness
• Interim Interdict
• Municipal Services
• Bill Of Rights Limitation
• Condonation Of Internal Remedies

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025)

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025) [2025] ZAECMHC 56 (13 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2515/2025

Judge

Zono

The High Court dismissed an urgent challenge to electricity disconnection, holding the applicants lacked standing because they were not parties to the supply contract.

• Privity Of Contract
• Municipal Services
• Electricity Supply Termination
• Standing To Sue
• Promotion Of Administrative Justice Act
• Privity-of-contract

Walters v Buffalo City Metropolitan Municipality and Another (EL516/2025)

Walters v Buffalo City Metropolitan Municipality and Another (EL516/2025) [2025] ZAECELLC 11 (10 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL516/2025

Judge

Zono

The court found that there was a real and bona fide dispute of fact regarding whether proper pre-termination notice was served on the applicant. The respondents provided evidence that notices were served in accordance with statutory requirements, either on a person over sixteen years old at the premises or affixed at a conspicuous place. The applicant's denial of service and challenge to the service provider's authority did not amount to grounds for rejecting the respondents' version on the papers. The appointment of the service provider was supported by documentary evidence and was not chall…

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• Municipal Services
• Electricity Supply Termination
• Service Of Notice
• Interim Relief
• Motion Proceedings

Makondo v City of Tshwane Metropolitan Municipality and Another (2024-018842)

Makondo v City of Tshwane Metropolitan Municipality and Another (2024-018842) [2025] ZAGPPHC 556 (29 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-018842

Judge

MM Mojapelo

The court found that the applicant had been served with a pre-termination notice in July 2023, approximately seven months before the urgent application was brought. The applicant admitted to multiple restrictions on her water supply and engagements with the City but failed to provide a credible version disputing receipt of the notice or the amount owed. The respondent's version, supported by documentary evidence and consistent with municipal policy and statutory obligations, was accepted. The applicant's denial of indebtedness was not substantiated, and her claim of not receiving notice was f…

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• Municipal Services
• Water Supply Restriction
• Credit Control And Debt Collection
• Pre-termination Notice
• Municipal By-laws

Tavakoli and Another v City of Cape Town (24562/2024)

Tavakoli and Another v City of Cape Town (24562/2024) [2025] ZAWCHC 218 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

24562/2024

Judge

Sipunzi AJ

The applicants established that they were in peaceful and undisturbed possession of the water supply to their properties until the respondent disconnected it on 13 November 2024. The respondent failed to provide credible evidence of prior restrictions or tampering by the applicants. The water usage data and correspondence between the parties supported the applicants' version. The respondent's conduct in disconnecting the supply without due process or adequate notice was unlawful and constituted spoliation. The urgency of the matter was justified by the deprivation of a basic necessity and the…

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• Mandament Van Spolie
• Municipal Services
• Water Services Act
• Urgent Interdict
• Municipal By Laws

Lateovista (Pty) Limited v Ekurhuleni Metropolitan Municipality (2025/038460)

Lateovista (Pty) Limited v Ekurhuleni Metropolitan Municipality (2025/038460) [2025] ZAGPJHC 379 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/038460

Judge

H A van der Merwe

The High Court dismissed an urgent bid to restore electricity to a leased property, holding that spoliation, contempt, and an interdict were not established.

• Mandament Van Spolie
• Municipal Services
• Procedural Fairness
• Lease Agreement
• Contractual Remedies
• Mandament-van-spolie

City of Johannesburg Metropolitan Municipality and Others v Idola (Pty) Ltd and Another (0004168/2024)

City of Johannesburg Metropolitan Municipality and Others v Idola (Pty) Ltd and Another (0004168/2024) [2024] ZAGPJHC 1019 (9 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

0004168/2024

Judge

M A Makume

The court found that the applicants failed to establish any reasonable prospects of success on appeal. The previous court orders interdicting the City from disconnecting electricity supply without a court order remain unchallenged and have not been appealed. The facts of Rademan v Moqhaka Local Municipality are distinguishable, as the present dispute concerns calculation of the municipal account, not non-payment. The City has repeatedly disregarded court orders, amounting to exceptional circumstances justifying execution of the orders pending appeal. The respondents demonstrated that they wou…

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• Interdict
• Municipal Services
• Leave To Appeal
• Execution Pending Appeal
• Contempt Of Court

Quintal (Pty) Ltd v City of Johannesburg and Another (07251/2017)

Quintal (Pty) Ltd v City of Johannesburg and Another (07251/2017) [2024] ZAGPJHC 973 (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

07251/2017

Judge

Dlamini

The High Court found the City of Johannesburg in contempt for failing to comply with an earlier order about a water account and granted further unopposed relief.

• Contempt Of Court
• Municipal Services
• Enforcement Of Court Orders
• Water Meter Disputes
• Contempt-of-court
• Municipal-services

Bramgar Investments (Pty) Ltd v City of Johannesburg Metropolitan Municipality Another (2024/093967)

Bramgar Investments (Pty) Ltd v City of Johannesburg Metropolitan Municipality Another (2024/093967) [2024] ZAGPJHC 894 (16 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/093967

Judge

S Mahomed

An urgent application to stop a possible electricity disconnection was struck from the roll because the court found no imminent harm and awarded attorney-client costs.

• Interdict
• Municipal Services
• Urgency
• Electricity Supply Dispute
• Municipal-services
• Electricity-supply-dispute