South Africa Case Law

Ackerman v City Of Johannesburg (2022/9392)

Ackerman v City Of Johannesburg (2022/9392) [2024] ZAGPJHC 334 (5 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/9392

Judge

M.R. Chetty

The applicant's persistent written queries and demands regarding specific charges on her municipal account, supported by detailed correspondence and a chronology of disputes, satisfy the requirements for a 'dispute' under section 102(2) of the Local Government: Municipal Systems Act. The City's failure to provide intelligible explanations or reconcile estimated charges with actual readings, coupled with its contradictory evidence, undermines its claim of accurate billing. The applicant is not a delinquent consumer, as she continues to pay amounts she reasonably believes are due. The City's re…

Source excerpt

• Municipal Billing Dispute
• Local Government Municipal Systems Act
• Interdict Against Disconnection
• Statement And Debatement
• Prescription Of Charges

Porter and Another v Esportif International (SA) (Pty) Ltd (22/18285)

Porter and Another v Esportif International (SA) (Pty) Ltd (22/18285) [2023] ZAGPJHC 1442 (8 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

22/18285

Judge

Francis

The High Court dismissed an application to set aside subpoenas issued to third parties, finding the applicants lacked locus standi and had not shown abuse of process.

• Subpoena Duces Tecum
• Locus Standi
• Abuse Of Process
• Statement And Debatement
• Employment Contract Dispute
• Subpoena-duces-tecum

K2012190864 (Pty) Limited v City of Johannesburg Metropolitan Municipality (8538/2022)

K2012190864 (Pty) Limited v City of Johannesburg Metropolitan Municipality (8538/2022) [2023] ZAGPJHC 1178 (26 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

8538/2022

Judge

P V Ternent

The court found that the applicant was the true customer for the disputed municipal account, notwithstanding misdescription in the respondent's records. The respondent's billing practices were found to be inaccurate, with arbitrary termination of instalment plans, excessive charges, and failure to properly account for payments and faulty meter readings. The respondent's denials were unsubstantiated and did not raise genuine disputes of fact. The applicant established its entitlement to rectification of the account, reinstatement of the 2017 instalment plan, proper reflection of actual meter r…

Source excerpt

• Municipal Billing Dispute
• Statement And Debatement
• Rectification Of Account
• Local Government Credit Control
• Meter Reading Estimation

39 Van Der Merwe Street Hillbrow CC v City Of Johannesburg Metropolitan Municipality and Another (2023-069078)

39 Van Der Merwe Street Hillbrow CC v City Of Johannesburg Metropolitan Municipality and Another (2023-069078) [2023] ZAGPJHC 963 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-069078

Judge

Vally

The High Court refused urgent interim relief to reconnect electricity, finding the applicant had not rebutted evidence of an illegal connection and meter tampering.

• Interim Interdict
• Municipal Services
• Illegal Electricity Connection
• Statement And Debatement
• Local Government Municipal Systems Act
• Interim-interdict

Parkhurst Investments CC v Pauls Homemade (Pty) Ltd (27209/2021)

Parkhurst Investments CC v Pauls Homemade (Pty) Ltd (27209/2021) [2023] ZAGPJHC 767 (3 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27209/2021

Judge

A A Crutchfield

High Court eviction case on lease repudiation, set-off, and electricity tariff disclosure.

• Commercial Eviction
• Repudiation Of Contract
• Lease Interpretation
• Set Off Clauses
• Statement And Debatement
• Electricity Tariffs

Apostolic Faith Mission of SA ,Randburg Assembly v Arrowhead Properties Limited and Others (13298/2020)

Apostolic Faith Mission of SA ,Randburg Assembly v Arrowhead Properties Limited and Others (13298/2020) [2022] ZAGPJHC 571 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

13298/2020

Judge

G Nel

The court dismissed a landlord-tenant deposit claim for a reconciliation and further payment, holding the applicant had already been paid the balance due.

• Rental Deposit Repayment
• Huur Gaat Voor Koop
• Statement And Debatement
• Joinder Of Parties
• Costs Award
• Rental-deposit-repayment

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14)

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14) [2022] ZAGPPHC 58 (15 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

40205/14

Judge

E van der Schyff

The High Court ordered the City of Johannesburg to answer further particulars within 10 days and pay attorney-client costs after rejecting its claim that the matter was finalised.

• Statement And Debatement
• Request For Further Particulars
• Default Judgment
• Trial Preparation
• Civil-procedure
• Statement-and-debatement

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14)

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14) [2022] ZAGPPHC 101 (15 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

40205/14

Judge

E van der Schyff

The High Court held that a prior default order in a statement-and-debatement matter did not finalise the litigation and ordered the respondent to answer further particulars.

• Statement And Debatement
• Application To Compel
• Default Judgment
• Trial Preparation
• Statement-and-debatement
• Application-to-compel

Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015)

Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015) [2019] ZALMPPHC 34 (18 July 2019)

Court

Limpopo High Court, Polokwane

Case number

36/2015

Judge

Makgoba JP

The High Court found an oral partnership existed between the parties for a road project and ordered payment of outstanding disbursements, interest, an account, debatement, and costs.

• Partnership Agreement
• Oral Contract
• Reimbursement Of Expenses
• Statement And Debatement
• Joint Venture
• Proof Of Partnership

Durr v Noe and Others (6802/2013)

Durr v Noe and Others (6802/2013) [2017] ZAWCHC 162 (8 September 2017)

Court

Western Cape High Court, Cape Town

Case number

6802/2013

Judge

Andrews AJ

The High Court dismissed an exception to a conditional counterclaim in a partnership dispute, holding the claim could not be struck out before the main issues were tried.

• Partnership Agreement
• Actio Pro Socio
• Conditional Counterclaim
• Liquidation Of Partnership
• Statement And Debatement
• Partnership-agreement