South Africa Case Law

SS Geranuim Mansions v City of Johannesburg and Another (2024/056921)

SS Geranuim Mansions v City of Johannesburg and Another (2024/056921) [2025] ZAGPJHC 110 (10 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/056921

Judge

PG Louw

The court found that the pre-termination notice issued by the respondents failed to comply with both the statutory requirements and the City of Johannesburg's by-laws, specifically regarding the notice period and adequacy of information. The applicant had properly raised a dispute under section 102(2) of the Municipal Systems Act, relating to specific charges and surcharges, and had made payments for undisputed amounts. The respondents' reliance on the acknowledgment of debt did not extinguish the dispute, as the applicant continued to contest specific charges and had attempted to resolve the…

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• Municipal Services Disconnection
• Credit Control And Debt Collection
• Section 102 Dispute
• Interim Interdict
• Punitive Costs

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

Khanyeza v City of Johannesburg Metropolitan Municipality and Another (2024/079861)

Khanyeza v City of Johannesburg Metropolitan Municipality and Another (2024/079861) [2024] ZAGPJHC 887 (5 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/079861

Judge

Beyers

The applicant failed to properly raise a dispute in terms of section 102(2) of the Municipal Systems Act and the relevant municipal by-laws, as her objections were general and did not relate to specific amounts or items. She admitted owing a substantial undisputed amount. The respondents complied with statutory requirements, including issuing pre-termination notices more than 14 days before disconnection. As the applicant did not meet the procedural requirements for protection under section 102(2), the respondents were entitled to implement credit control measures, including disconnection of…

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• Municipal Services Disconnection
• Mandament Van Spolie
• Credit Control Measures
• Section 102 Dispute
• Constitutional Right To Water

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

Imperial Logistics South Africa v City Of Mangaung Metro Municipality (6050/2022)

Imperial Logistics South Africa v City Of Mangaung Metro Municipality (6050/2022) [2023] ZAFSHC 50 (20 February 2023)

Court

Free State High Court, Bloemfontein

Case number

6050/2022

Judge

Tsangarakis

The court held that the municipality unlawfully disconnected electricity to the applicant’s property because it failed to prove valid notice and payment default.

• Municipal Services Disconnection
• Credit Control Policy
• Section 102 Dispute
• Notice Requirements
• Municipal Systems Act
• Municipal-services-disconnection