South Africa Case Law

Mapompo v King Sabata Dalindyebo Local Municipality and Another (Reasons) (2640/2025)

Mapompo v King Sabata Dalindyebo Local Municipality and Another (Reasons) (2640/2025) [2025] ZAECMHC 65 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2640/2025

Judge

L Rusi

The court found that the applicant had established a prima facie right to electricity supply and to fair procedure, specifically the right to receive a pre-termination notice before disconnection. The respondents failed to prove service of the notice, and the applicant's evidence that no mailbox existed and no personal service was attempted was accepted. The applicant demonstrated ongoing harm and lack of alternative remedy due to limited income, and the balance of convenience favoured interim relief. The respondents' reliance on prior case law was distinguished, as the applicant was making p…

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• Municipal Services Termination
• Interim Interdict
• Credit Control Policy
• Urgent Application
• Right To Fair Procedure

SA Student Accommodation CC and Another v City of Tshwane Metropolitan Municipality (083447-2024)

SA Student Accommodation CC and Another v City of Tshwane Metropolitan Municipality (083447-2024) [2024] ZAGPJHC 898 (5 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

083447/2024

Judge

G S Myburgh

The High Court dismissed an urgent bid to restore electricity to two Tshwane properties, finding the applicants failed to prove lawful grid connections.

• Electricity Supply By Laws
• Spoliation
• Illegal Building
• Municipal Services Termination
• Urgency
• Forum Removal

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v City of Johannesburg Metropolitan Municipality and Another (2023/114156)

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v City of Johannesburg Metropolitan Municipality and Another (2023/114156) [2024] ZAGPPHC 470 (30 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/114156

Judge

NN Bam

The High Court refused an urgent interdict to stop electricity disconnections, finding the applicants had not shown a clear right, irreparable harm, or a favourable balance of convenience.

• Municipal Services Termination
• Interim Interdict
• Credit Control Measures
• Section 102 Dispute
• Electricity Tariffs
• Separation Of Powers

Ideal Trading 199 CC v Polokwane Local Municipality (3087/2021)

Ideal Trading 199 CC v Polokwane Local Municipality (3087/2021) [2023] ZALMPPHC 75 (15 August 2023)

Court

Limpopo High Court, Polokwane

Case number

3087/2021

Judge

M Bresler

The High Court held the applicant was substantially successful after an urgent electricity-restoration dispute became moot, awarding costs but refusing punitive costs.

• Costs Award
• Mootness
• Municipal Services Termination
• Attorney And Client Costs
• Costs-award
• Municipal-services

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015)

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015) [2023] ZAGPJHC 171 (27 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-007015

Judge

N Manoim

The applicants, as sub-tenants, have no possessory or contractual right to the electricity supply from the City, as the supply contract exists only between the City and the landlord. Spoliation does not apply because their right is not incidental to possession. The City’s termination of supply was lawful, based on both non-payment and the existence of an illegal connection, as confirmed by photographic evidence and the City’s technician. The applicants’ reliance on PAJA fails because the supply was unlawful, and PAJA does not protect rights arising from illegal connections. The Joseph case is…

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• Spoliation
• Promotion Of Administrative Justice Act
• Municipal Services Termination
• Illegal Electricity Connection
• Tenant Rights

Harrismith Intabazwe Tsiame Residents Association (Pty) Ltd and Others v Maluti-A-Phofung Local Municipality and Another (567/2022)

Harrismith Intabazwe Tsiame Residents Association (Pty) Ltd and Others v Maluti-A-Phofung Local Municipality and Another (567/2022) [2022] ZAFSHC 151 (14 June 2022)

Court

Free State High Court, Bloemfontein

Case number

567/2022

Judge

JP Daffue

The court found that the applicants were in peaceful and undisturbed possession of electricity supply at their business premises, and that the respondents unlawfully terminated such supply without proper notice, procedural fairness, or compliance with their own credit control policy. The respondents failed to prove any arrears on current accounts or provide valid invoices or breakdowns of alleged historic debts. The court held that the right to electricity is an incident of occupation of the premises and thus protected by the mandament van spolie. The respondents' resort to self-help was unla…

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• Mandament Van Spolie
• Municipal Services Termination
• Procedural Fairness
• Credit Control Policy
• Urgent Interdict
• Quasi Possession

Cedar Park Properties (Pty) Limited v City of Johannesburg Metropolitan Municipality and Others (2019/32229)

Cedar Park Properties (Pty) Limited v City of Johannesburg Metropolitan Municipality and Others (2019/32229) [2019] ZAGPJHC 408 (8 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/32229

Judge

L R Adams

The court found that the applicant failed to establish urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The applicant was aware of the respondents' intention to terminate water supply as early as August 2018 but did not act promptly to protect its rights. The delay in launching the urgent application was unexplained and unacceptable. The court held that the urgency was self-created and that the applicant did not pass the threshold for urgent relief. Consequently, the application was struck from the roll for lack of urgency, and costs were awarded to the respondents. The cou…

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• Municipal Services Termination
• Urgent Interdict
• Rule 6 12 Urgency
• Arrear Municipal Charges

Dunrose Investments 224 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (16396/2019)

Dunrose Investments 224 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (16396/2019) [2019] ZAGPJHC 220 (4 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

16396/2019

Judge

S C Mia

The court found that the applicant's right to water, while capable of protection by spoliation order, was not unlawfully interfered with in this case. The municipality followed statutory procedures by issuing pre-termination notices, allowing for representations, and attempting negotiations. The applicant failed to pay rates and charges, and the review of the municipal valuation did not defer payment obligations. The applicant also tampered with the water supply, justifying the municipality's removal of the water meter. The municipality acted lawfully under the Municipal Property Rates Act, M…

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• Municipal Services Termination
• Spoliation
• Water Rights
• Municipal Property Rates Act
• Urgent Interdict

Herbst and Another v City of Tshwane (32443.2015)

Herbst and Another v City of Tshwane (32443.2015) [2016] ZAGPPHC 497 (27 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

32443/15

Judge

Kooverjie

The High Court dismissed an interim interdict application to stop Tshwane from cutting water and electricity, but ordered disclosure of the arrears calculation and a one-month service reprieve.

• Municipal Services Termination
• Credit Control By Law
• Rates And Taxes Arrears
• Interim Interdict
• Section 102 Municipal Systems Act
• Municipal-services-termination