South Africa Case Law

City of Johannesburg v Hyde Park Gardens (Pty) Ltd ta Shell Hyde Park Gardens (2024/136466; 2023/077080; 2020/15428)

City of Johannesburg v Hyde Park Gardens (Pty) Ltd ta Shell Hyde Park Gardens (2024/136466; 2023/077080; 2020/15428) [2025] ZAGPJHC 318 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/136466; 2023/077080; 2020/15428

Judge

Badenhorst AJ

The High Court dismissed the City of Johannesburg’s application for leave to appeal, holding that most orders were not yet appealable and the contempt finding lacked prospects of success.

• Contempt Of Court
• Appealability
• Municipal Services Dispute
• Costs Orders
• Referral To Oral Evidence
• Leave-to-appeal

SA Bulk Commodity Trading and Storage Services (Pty) Ltd v Sheng Teng (Pty) Ltd (2024/124871)

SA Bulk Commodity Trading and Storage Services (Pty) Ltd v Sheng Teng (Pty) Ltd (2024/124871) [2025] ZAGPJHC 155 (21 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/124871

Judge

E Raubenheimer

The High Court granted urgent eviction relief after finding repeated lease breaches, electrical non-compliance, and a valid cancellation of the commercial lease.

• Eviction Of Commercial Tenant
• Urgent Interdict
• Lease Agreement Breach
• Electrical Compliance
• Contractual Cancellation
• Municipal Services Dispute

Curro Holding Limited and Another v City of Johannesburg Municipality Metropolitan and Another (2023/02247)

Curro Holding Limited and Another v City of Johannesburg Municipality Metropolitan and Another (2023/02247) [2024] ZAGPJHC 1289 (13 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/02247

Judge

Windell

The court interdicted the City of Johannesburg from disconnecting water to a Curro school pending final resolution of a municipal billing and zoning dispute.

• Municipal Services Dispute
• Interim Interdict
• Zoning And Tariffs
• Local Government Municipal Systems Act
• Debt Collection
• Credit Control Measures

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020)

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020) [2024] ZAMPMHC 46 (28 August 2024)

Court

Middelburg High Court, Mpumalanga

Case number

3826/2020

Judge

Langa

The court found that the Plaintiff had been provided with the accounts envisaged by section 95(e) of the Systems Act and had declared a formal dispute regarding their accuracy. The Plaintiff's reliance on section 95 for the delivery and debatement of accounts was misplaced, as the section does not expressly or impliedly confer such a right. The Plaintiff's reference to the Credit Control and Debt Collection Policy was also rejected, as the policy provides mechanisms for contesting accounts but does not include delivery and debatement as remedies. The relationship between the parties was found…

Source excerpt

• Statement Of Account
• Debatement Of Account
• Municipal Services Dispute
• Fiduciary Relationship
• Statutory Obligation
• Credit Control Policy

Rand Leases Property (Pty) Ltd v City of Johannesburg Metropolitan Municipality (2022/23303)

Rand Leases Property (Pty) Ltd v City of Johannesburg Metropolitan Municipality (2022/23303) [2024] ZAGPJHC 672 (24 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/23303

Judge

TP Mudau

The High Court referred a municipal electricity billing dispute to trial, rejected a non-joinder point, and ordered the City to pay costs on an interlocutory application.

• Municipal Services Dispute
• Electricity Billing
• Prescription Act
• Contempt Of Court
• Costs Award
• Municipal-services-dispute

Millu v City of Johannesburg Metropolitan Municipality and Another (25039/2021)

Millu v City of Johannesburg Metropolitan Municipality and Another (25039/2021) [2024] ZAGPJHC 419 (18 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

25039/2021

Judge

Roland Sutherland

The respondents, particularly the City of Johannesburg, demonstrated sustained and egregious contempt for court orders, including failure to file heads of argument and supporting documents as directed by the Special Interlocutory Court. No explanation or condonation was offered for these failures. The court found that such conduct constitutes an abuse of process and undermines the integrity of the judicial system. The interests of justice require that the defence be struck out as a sanction for defiance of court orders. The relief sought by the applicant is procedural and does not prejudice t…

Source excerpt

• Interim Interdict
• Strike Out Of Defence
• Municipal Services Dispute
• Condonation
• Punitive Costs

Toncha Properties (Pty) Ltd v City of Johannesburg (30323/2021)

Toncha Properties (Pty) Ltd v City of Johannesburg (30323/2021) [2023] ZAGPJHC 425 (4 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

30323/2021

Judge

Senyatsi

The High Court dismissed a contempt application, finding the City of Johannesburg had not been shown to act wilfully and mala fide in relation to compliance.

• Contempt Of Court
• Municipal Services Dispute
• Court Order Compliance
• Contempt-of-court
• Civil-procedure
• Municipal-services-dispute

Talacar Holdings (Pty) Ltd v City Of Johannesburg Metropolitan Municipality and Others (44294/2020)

Talacar Holdings (Pty) Ltd v City Of Johannesburg Metropolitan Municipality and Others (44294/2020) [2023] ZAGPJHC 250 (8 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

44294/2020

Judge

ML Senyatsi

The High Court discharged a rule nisi seeking contempt findings and perjury charges over disputed municipal billing orders, and awarded costs against the applicant.

• Contempt Of Court
• Perjury
• Municipal Services Dispute
• Debatement Of Account
• Contempt-of-court
• Municipal-billing-dispute

Glofurn (Pty) Ltd v City Of Tshwane Metropolitan Municipality (36663/2022)

Glofurn (Pty) Ltd v City Of Tshwane Metropolitan Municipality (36663/2022) [2022] ZAGPPHC 604 (3 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

36663/2022

Judge

N Janse Van Nieuwenhuizen

The High Court granted an interim interdict stopping Tshwane from cutting electricity to Glofurn’s premises while a dispute over alleged arrears remained unresolved.

• Municipal Services Dispute
• Interim Interdict
• Credit Control Policy
• Electricity Supply
• Local Government Legislation
• Interim-interdict

Morgan Creek Properties 311 (Pty) Ltd v City of Tshwane Metropolitan Municipality (36664/2022)

Morgan Creek Properties 311 (Pty) Ltd v City of Tshwane Metropolitan Municipality (36664/2022) [2022] ZAGPPHC 606 (3 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

36664/2022

Judge

N Janse Van Nieuwenhuizen

The High Court upheld a point in limine that the applicant had not shown authority to launch the urgent application, but allowed three days to prove authority.

• Authority To Institute Proceedings
• Municipal Services Dispute
• Interim Interdict
• Debt Collection Measures
• Authority-to-institute-proceedings
• Urgent-interdict