Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2023] ZAGPJHC 163

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015)

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015) [2023] ZAGPJHC 163 (27 February 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2023-007015
Judge
Manoim

The applicants, as sub-tenants, do not possess a right to electricity supply that is incidental to possession and cannot rely on spoliation against the City. The contract for supply is between the City and the landlord, not the applicants. The City lawfully terminated supply due to non-payment and subsequently due to an illegal connection, as permitted by its by-laws. The applicants failed to establish procedural unfairness or irrationality under PAJA, as both non-payment and illegal connection are valid grounds for termination. The facts differ from Joseph v City of Johannesburg, as the pres…

Source excerpt

  • Spoliation
  • Promotion Of Administrative Justice Act
  • Municipal Services Disconnection
  • Illegal Electricity Connection
  • Tenant Rights
  • Costs Award
Read case analysis
Administrative Law [2023] ZAGPJHC 171

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015)

Lateovitsa (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Another (2023-007015) [2023] ZAGPJHC 171 (27 February 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2023-007015
Judge
N Manoim

The applicants, as sub-tenants, have no possessory or contractual right to the electricity supply from the City, as the supply contract exists only between the City and the landlord. Spoliation does not apply because their right is not incidental to possession. The City’s termination of supply was lawful, based on both non-payment and the existence of an illegal connection, as confirmed by photographic evidence and the City’s technician. The applicants’ reliance on PAJA fails because the supply was unlawful, and PAJA does not protect rights arising from illegal connections. The Joseph case is…

Source excerpt

  • Spoliation
  • Promotion Of Administrative Justice Act
  • Municipal Services Termination
  • Illegal Electricity Connection
  • Tenant Rights
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.