South Africa Case Law

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149)

Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149) [2025] ZAGPJHC 459 (14 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/081149

Judges

MABESELE, WILSON

Johannesburg Water (SOC) Ltd is an organ of state for purposes of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 because its exclusive function is the provision of water as a basic municipal service, a constitutional function under sections 27(1)(b) and 152(1)(b) of the Constitution. The fact that its powers are derived from legislation and not directly from the Constitution does not exclude it from the Act's definition. The Magistrate erred in dismissing the special plea; section 3 notice was required, and the action must be stayed pending condonation of…

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• Institution Of Legal Proceedings Against Certain Organs Of State Act
• Definition Of Organ Of State
• Municipal Services Liability
• Special Plea
• Condonation Of Notice Failure

Eight Nine Seven Delville (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (30238/2023)

Eight Nine Seven Delville (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (30238/2023) [2024] ZAGPJHC 1283 (13 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

30238/2023

Judge

Oosthuizen-Senekal CSP

The High Court held that the municipality could not impute tenants’ electricity debts to the property owner and barred disconnections while disputes remained unresolved.

• Municipal Services Liability
• Prescription Of Debt
• Interim Interdict
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Municipal Systems Act

D.N.Q v P.Q (49090/2021)

D.N.Q v P.Q (49090/2021) [2024] ZAGPPHC 12 (12 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

49090/2021

Judge

C Marumoagae

The High Court dismissed a contempt application arising from divorce proceedings, finding the respondent had made partial payments and that wilful bad faith was not proven.

• Civil Contempt Of Court
• Rule 43 Interim Relief
• Maintenance
• Municipal Services Liability
• Costs In Divorce
• Alternative Dispute Resolution

Gemini Moon Trading 64 (Pty) Ltd v Dawid Kruiper Local Municipality (466/2022)

Gemini Moon Trading 64 (Pty) Ltd v Dawid Kruiper Local Municipality (466/2022) [2023] ZANCHC 42 (8 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

466/2022

Judge

Ramaepadi

The court found that clause 10.2 of the Sale Agreement does not require the Municipality's satisfaction or a final completion certificate signed by all parties before assuming responsibility for maintenance and repair of the electrical infrastructure. The obligation arises once Gemini Moon's consulting engineer issues a certificate of completion. The Municipality's attempt to import additional requirements was rejected as impermissible under the parol evidence rule. The Body Corporates of the developments do not have a direct and substantial legal interest in the relief sought, as their inter…

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• Contractual Interpretation
• Municipal Services Liability
• Non Joinder
• Urgent Interdict
• Sectional Titles Act
• Debt Collection Policy

MEC for Department of Public Works v Gaeler and Another (1298/2020)

MEC for Department of Public Works v Gaeler and Another (1298/2020) [2021] ZAECMHC 27 (17 August 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1298/2020

Judge

Majiki

The High Court held that the lease had ended, the tenant remained on a month-to-month basis, and a 30-day notice validly terminated the occupation.

• Eviction Proceedings
• Lease Termination
• Prevention Of Illegal Eviction Act
• Constitutional Right To Housing
• Tacit Relocation
• Municipal Services Liability

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020)

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 855 (26 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28472/2020

Judge

F Bezuidenhout

The High Court granted eviction and monetary relief in a PIE matter, but stayed execution until adjusted alert level 3 ended because of COVID-19 regulations.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Covid19 Regulations
• Occupational Rental
• Municipal Services Liability
• Pie-eviction

Ebrahim NO and Others v Mohamed and Others (40478/2016)

Ebrahim NO and Others v Mohamed and Others (40478/2016) [2017] ZAGPPHC 516 (17 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

40478/2016

Judge

Mokoena

The court found that the respondents' pending rescission application does not automatically suspend the eviction proceedings, as only applications for leave to appeal are covered by Section 18(1) of the Superior Courts Act. Suspension of execution must be sought specifically under Rule 45A, which the respondents did not do. The applicants complied with all procedural requirements of the PIE Act, including proper service of the Section 4(2) Notice and the eviction application. The respondents were adequately informed of the proceedings and had the opportunity to oppose and present their case.…

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• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Stay Of Execution
• Service Of Notice
• Court Discretion
• Municipal Services Liability

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016)

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016) [2016] ZANWHC 61 (15 December 2016)

Court

North West High Court, Mafikeng

Case number

M56/2016

Judge

R D Hendricks

The court held that the owners were not liable for 11KV electricity charges contracted by their tenant and removed the charges from their municipal account.

• Municipal Services Liability
• Electricity Supply Agreements
• Contractual Privity
• Debt Collection Policy
• Municipal-services-liability
• Electricity-supply-agreements

Van der Merwe v City of Tshwane Metropolitan Municipality (19347/2014)

Van der Merwe v City of Tshwane Metropolitan Municipality (19347/2014) [2016] ZAGPPHC 987 (28 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

19347/2014

Judge

L I Vorster

The court held that a property owner was not liable for a tenant’s electricity debt absent agreement or statutory authority, and dismissed the municipality’s counterclaim.

• Municipal Services Liability
• Electricity Supply Bylaws
• Ultra Vires Bylaw
• Owner Vs Tenant Liability
• Municipal-services-liability
• Electricity-supply-bylaws