South Africa Case Law

MBJ Centre (Pty) Ltd v Eskom Holdings Soc Limited (026465/2024)

MBJ Centre (Pty) Ltd v Eskom Holdings Soc Limited (026465/2024) [2024] ZAGPJHC 677 (15 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

026465/2024

Judge

Malindi

The court found that the applicant failed to establish the requisites for an interim interdict, including a clear right and irreparable harm. The applicant did not substantiate any violation of constitutional rights, nor did it join affected tenants or detail how their rights were infringed. The applicant lacked standing as it was not Eskom's customer and had no contractual relationship regarding electricity supply. The court accepted Eskom's version of events under the Plascon-Evans rule, finding the applicant's explanation for the illegal reconnection improbable. The termination of electric…

Source excerpt

• Interim Interdict
• Electricity Supply Dispute
• Standing
• Clean Hands Rule
• Constitutional Rights
• Termination Of Services

Botha and Others v Eskom Holdings SOC Limited (UM144/2019)

Botha and Others v Eskom Holdings SOC Limited (UM144/2019) [2020] ZANWHC 75 (14 September 2020)

Court

North West High Court, Mafikeng

Case number

UM144/2019

Judge

M.E. Mahlangu

The court dismissed an application to stop Eskom disconnecting electricity, finding the applicants had not shown a clear right or lack of alternative remedy.

• Electricity Supply Agreement
• Termination Of Services
• Final Interdict
• Jurisdiction Of Court
• Alternative Remedy
• Final-interdict

Botha NO v The Governing Body of the Eljada Institute & Another (20530/2014)

Botha NO v The Governing Body of the Eljada Institute & Another (20530/2014) [2016] ZASCA 36 (24 March 2016)

Court

Supreme Court of Appeal

Case number

20530/2014

Judges

Cachalia, Majiedt, Willis, Fourie, Baartman

The Supreme Court of Appeal found that the Institute's decision to terminate care services for Ms Potgieter was not disciplinary in nature but rather based on a change in her needs and the Institute's inability to safely accommodate her. The court held that the audi alteram partem principle was extensively applied through years of consultation with her parents and their attorney, and that Ms Potgieter's severe mental incapacity precluded the need for a formal disciplinary hearing. The process followed by the Institute was thorough, fair, and in accordance with both contractual and policy requ…

Source excerpt

• Promotion Of Administrative Justice Act
• Audi Alteram Partem
• Mental Health Care Act
• Procedural Fairness
• Termination Of Services
• Natural Justice

Body Corporate Croftdene Mall v Ethekwini Municipality (16977/2009)

Body Corporate Croftdene Mall v Ethekwini Municipality (16977/2009) [2010] ZAKZDHC 20; [2010] 4 All SA 513 (KZD) (1 May 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

16977/2009

Judge

Hughes-Madondo

The court dismissed an interdict against Ethekwini Municipality, holding that Section 102(2) did not bar consolidation because no relevant dispute existed in 2006.

• Municipal Services
• Sectional Title Liability
• Account Consolidation
• Termination Of Services
• Municipal-services
• Account-consolidation

Beck and Others v Kopanong Plaaslike Munisipaliteit and Others (3772/2002)

Beck and Others v Kopanong Plaaslike Munisipaliteit and Others (3772/2002) [2003] ZAFSHC 34 (20 March 2003)

Court

Free State High Court, Bloemfontein

Case number

3772/2002

Judge

Rampai

The court held that the Municipal Systems Act No. 32/2000 empowers municipalities to terminate or restrict any municipal service, including electricity, when payments for any municipal service are in arrears. The applicants' argument that electricity purchased for cash should not be blocked due to unrelated debts was rejected. The court found that municipal service accounts are composite and indivisible, and selective payment undermines equitable treatment and sustainable service provision. The municipality's credit control policy, adopted by resolution and implemented in accordance with stat…

Source excerpt

• Municipal Services
• Credit Control Policy
• Termination Of Services
• Constitutional Rights
• Debt Collection
• Tariff Policy