South Africa Case Law

New Model Private College CC v City of Johannesburg Metropolitan Municipality (2025/050470)

New Model Private College CC v City of Johannesburg Metropolitan Municipality (2025/050470) [2025] ZAGPJHC 417 (25 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/050470

Judge

M V Noko

Urgent interdict over electricity disconnection partly succeeded. The court ordered reinstatement, a corrected arrears notice, and 14 days to pay or arrange payment.

• Municipal Services Disconnection
• Pre Termination Notice
• Mandament Van Spolie
• Urgent Interdict
• Children Rights
• Disputed Municipal Billing

Vresthena (Pty) Ltd t/a Tuscany v Rustenburg Local Municipality (CIV APP MG13/2023)

Vresthena (Pty) Ltd t/a Tuscany v Rustenburg Local Municipality (CIV APP MG13/2023) [2024] ZANWHC 280 (11 November 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP MG13/2023

Judges

Mfenyana, Hendricks, Morgan

The court held that the respondent was obliged to serve pre-termination notices on all consumers, including the appellant's tenants, before disconnecting municipal services. The respondent's failure to do so violated its own by-laws, the Credit Control Policy, and the requirements of procedural fairness under section 33 of the Constitution and PAJA. The court found that the existence of a pending dispute regarding erroneous consumption charges precluded the respondent from terminating services under section 102(2) of the Municipal Systems Act. The court a quo erred by focusing solely on wheth…

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• Municipal Billing Dispute
• Pre Termination Notice
• Procedural Fairness
• Interim Interdict
• Promotion Of Administrative Justice Act
• Constitutional Rights

Mhlongo v City of Ekurhuleni (017138/2022)

Mhlongo v City of Ekurhuleni (017138/2022) [2023] ZAGPJHC 797 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

017138/2022

Judge

W.L. Wepener

The High Court dismissed an application challenging the municipality’s termination of electricity supply, finding that adequate pre-termination notice had been given.

• Procedural Fairness
• Spoliation
• Municipal Services
• Pre Termination Notice
• Municipal-services
• Procedural-fairness

Wilrus Trading CC v City of Tshwane Metropolitan Municipality and Another (36299/22)

Wilrus Trading CC v City of Tshwane Metropolitan Municipality and Another (36299/22) [2022] ZAGPPHC 509 (15 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

36299/22

Judge

Kooverjie

The court held that while the principle in Joseph establishes a constitutional and statutory obligation on municipalities to provide basic services and afford procedural fairness, such obligations are context-dependent. In this case, the first respondent had no direct contractual relationship with the applicant and had complied with its by-laws by serving notice on the account holder, the second respondent. It was not practical or required for the municipality to ascertain whether tenants were present or to serve notice on them individually. The applicant failed to establish a legal nexus or…

Source excerpt

• Municipal Services Disconnection
• Procedural Fairness
• Pre Termination Notice
• Locus Standi
• Promotion Of Administrative Justice Act

Idola (Pty) Ltd and Another v The City of Johannesburg Metropolitan Municipality and Another (22/9258)

Idola (Pty) Ltd and Another v The City of Johannesburg Metropolitan Municipality and Another (22/9258) [2022] ZAGPJHC 307 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22/9258

Judge

Crutchfield

Urgent interim-interdict application dismissed after the applicants stopped paying municipal charges, though the court held the municipality could not disconnect without proper notice.

• Municipal Services Disconnection
• Interim Interdict
• Local Government Municipal Systems Act
• Arrear Charges
• Pre Termination Notice
• Interim-interdict

Shanika Investments 85 (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Another (8187-2018)

Shanika Investments 85 (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Another (8187-2018) [2018] ZAGPJHC 420 (7 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

8187-2018

Judge

Wepener

The court held that the City of Johannesburg acted unlawfully by disconnecting the electricity supply to the applicant's property without obtaining a court order. The right to terminate supply under the bylaws does not absolve the City from the duty to act through legal process and not by self-help. The mandament van spolie applies to electricity supply, and the applicant is entitled to restoration of possession before the lawfulness of the connection is determined. Furthermore, the City failed to provide the required pre-termination notice, rendering the disconnection unlawful. The applicant…

Source excerpt

• Mandament Van Spolie
• Municipal Services Disconnection
• Self Help
• Pre Termination Notice
• Electricity Supply Rights