South Africa Case Law

Buffalo Metropolitan Municipality and Another v Magqazana (EL1386/2023)

Buffalo Metropolitan Municipality and Another v Magqazana (EL1386/2023) [2024] ZAECELLC 29 (2 May 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1386/2023

Judge

Zono

The application for leave to appeal fails because the matter is moot; the dispute was resolved by a consent order restoring electricity supply, and no live controversy remains. The applicants did not challenge the finding of unlawfulness in the consent order, and no practical benefit would result from granting leave to appeal. The applicants failed to address the imperative nature of the ByLaws or the legal consequences of non-compliance. The grounds for appeal were not properly set out, and the applicants did not demonstrate a reasonable prospect of success. The criticism regarding new matte…

Source excerpt

• Municipal Electricity Bylaws
• Termination Of Electricity Supply
• Notice Requirements
• Doctrine Of Legality
• Mootness
• Substantial Compliance

Darries and Others v City of Johannesburg and Others (08/22689)

Darries and Others v City of Johannesburg and Others (08/22689) [2009] ZAGPJHC 6; 2009 (5) SA 284 (GSJ) ; [2009] 3 All SA 277 (GSJ) (3 April 2009)

Court

South Gauteng High Court, Johannesburg

Case number

08/22689

Judge

Jajbhay

The court held that tenants were not entitled to notice before municipal electricity was disconnected for their landlord’s arrears. The application was dismissed.

• Promotion Of Administrative Justice Act
• Municipal Services
• Procedural Fairness
• Bill Of Rights Limitation
• Adequate Housing
• Termination Of Electricity Supply