Cradock Business Forum and Others v ESKOM Holdings SOC Limited and Others (1900/2019)
Cradock Business Forum and Others v ESKOM Holdings SOC Limited and Others (1900/2019) [2020] ZAECGHC 65 (17 June 2020)
The court held that it is not a mere rubber stamp for parties' draft orders and must exercise discretion to ensure any order is clear, enforceable, and appropriate to the facts. Given the municipality's uncertain financial position and history of defaulting on payment plans, the court found it inappropriate to bind the municipality to a 13- or 17-year payment plan. Instead, the court ordered a shorter, reviewable payment plan ending December 2021, with monthly payments of R900,000 (R600,000 for Middelburg and R300,000 for Cradock), commencing 31 August 2020. The court also ordered ongoing fin…
Source excerpt
- Municipal Indebtedness
- Electricity Supply
- Payment Plan Enforcement
- Intergovernmental Relations Framework Act
- Court Discretion On Settlement
- Costs Award