South Africa Case Law

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022)

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022) [2025] ZAGPJHC 708 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

11812/2022

Judge

M P Motha

The court found that the City of Johannesburg's creation of a non-sectional title category for refuse tariffs was not authorized by the Municipal Systems Act or the City's Tariff Determination By-laws. The enabling provisions require that tariff differentiation be based on delineated categories specified in the by-laws and policies, such as residential, commercial, industrial, and others, but do not recognize a distinction between sectional and non-sectional title properties. The imposition of the non-sectional title tariff was therefore ultra vires and irrational, as it introduced a category…

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• Municipal Tariffs
• Ultra Vires
• Rationality Review
• Local Government Powers
• Service Delivery Charges

Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023)

Casting, Forging and Machining Cluster of South Africa NPC and Others v City of Johannesburg and Another (1141562023) [2024] ZAGPPHC 1216 (26 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

114156/2023

Judge

Baqwa

The court found that the applicants had established a clear right not to have their electricity supply disconnected pending the resolution of valid section 102 disputes regarding the lawfulness of municipal tariffs. The Kubushi judgment set aside the 2019/2020 tariffs, and the methodology used for subsequent years remains unresolved. The respondents cannot rely on tariffs declared unlawful and must comply with procedural fairness, including providing adequate notice and an opportunity for representations before disconnection. The applicants' litigation was not vexatious, as each application w…

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• Municipal Tariffs
• Electricity Supply Disconnection
• Section 102 Dispute
• Interdict Requirements
• Vexatious Litigation
• Credit Control Policy

Bidcorp Food Properties (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2022/030828)

Bidcorp Food Properties (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2022/030828) [2024] ZAGPJHC 1192 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/030828

Judge

Theron

The High Court held that the municipality’s tariff and account decisions were not reviewable administrative action under PAJA and dismissed the application.

• Municipal Tariffs
• Administrative Action Exclusion
• Water Services Bylaws
• Dispute Resolution Mechanisms
• Municipal-tariffs
• Pa-ja-review

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322)

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322) [2024] ZAGPJHC 1057 (18 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/322

Judge

G AMM

The respondents unilaterally changed the applicant's water and sewerage tariff from residential to commercial in May 2018 without any application or lawful basis, contrary to their own assertions that such a change requires due process and a formal application. The respondents failed to provide any admissible evidence or explanation for the change, and their opposition was found to be unfounded, obstructive, and in disregard of prior judicial warnings. The interlocutory application to file a further affidavit was dismissed as lacking bona fides, materiality, and admissibility. The applicant i…

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• Municipal Tariffs
• Rectification Of Account
• Ultra Vires Action
• Motion Proceedings Affidavits
• Punitive Costs
• Interdictory Relief

Rubbers and Others v City of Johannesburg Metropolitan Municipality (2022/905)

Rubbers and Others v City of Johannesburg Metropolitan Municipality (2022/905) [2024] ZAGPJHC 904 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/905

Judge

MMP Mdalana-Mayisela

The High Court ordered Johannesburg to reverse illegal use tariff charges on a trust account, rebill at the Agricultural Business rate, and halt collection steps pending resolution.

• Municipal Property Rates Act
• Unauthorized Land Use
• Municipal Tariffs
• Final Interdict
• Credit Control And Debt Collection
• Municipal-property-rates

National Energy Regulator of South Africa and Another v Senwes Limited and Another (3995/2020)

National Energy Regulator of South Africa and Another v Senwes Limited and Another (3995/2020) [2024] ZAFSHC 173 (30 May 2024)

Court

Free State High Court, Bloemfontein

Case number

3995/2020

Judge

Loubser

The High Court granted condonation to NERSA and the Municipality for late answering affidavits in a review over municipal electricity tariffs.

• Condonation
• Late Filing Of Affidavit
• Review Proceedings
• Municipal Tariffs
• Electricity Charges
• Late-filing-of-affidavit

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (A2023/050651)

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (A2023/050651) [2024] ZAGPJHC 397 (15 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/050651

Judges

L Windell, A Maier-Frawley, A Crutchfield

The High Court upheld commercial electricity billing for residential estates with gyms and restaurants, finding the mixed-use facilities were not ancillary to residential use.

• Municipal Tariffs
• Electricity Billing
• Mixed Use Property
• Sectional Title Schemes
• Municipal-tariffs
• Electricity-billing

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664)

Malakite Body Corporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664) [2023] ZAGPJHC 54 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2019/24664

Judge

Van der Berg

The High Court granted leave to appeal over whether sectional title lifestyle centres should be billed on domestic or business electricity tariffs.

• Municipal Tariffs
• Electricity Billing
• Domestic Vs Business Tariff
• Sectional Title Schemes
• Municipal-tariffs
• Electricity-billing

City of Johannesburg Metropolitan Municipality v Specitrim (Pty) Ltd and Others (2021/42636)

City of Johannesburg Metropolitan Municipality v Specitrim (Pty) Ltd and Others (2021/42636) [2022] ZAGPJHC 973 (7 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/42636

Judge

Dlamini

The High Court dismissed the City of Johannesburg’s application for leave to appeal, finding no realistic chance of success under the stricter statutory test.

• Leave To Appeal Standard
• Municipal Tariffs
• Billing Dispute
• Leave-to-appeal-standard
• Municipal-tariffs
• Billing-dispute

Malakite Body Coporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664)

Malakite Body Coporate and Another v City of Johannesburg Metropolitan Municipality and Another (2019/24664) [2022] ZAGPJHC 896 (11 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/24664

Judge

Van der Berg AJ

The High Court held that the estates’ gyms and restaurants were not domestic electricity use and that an email from City staff was not a binding decision.

• Municipal Tariffs
• Electricity Billing
• Split Meter Policy
• Zoning And Valuation
• By Laws Interpretation
• Municipal-electricity-tariffs