South Africa Case Law

22 Fricker Road (Pty) Ltd and Another v Those Units listed in Annexure A to Notice of Motion and Others (2023/085256)

22 Fricker Road (Pty) Ltd and Another v Those Units listed in Annexure A to Notice of Motion and Others (2023/085256) [2024] ZAGPJHC 805 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/085256

Judge

Maenetje

The court finds that there is a rational basis for another court to conclude that the lease agreements may create reciprocal obligations for supply and payment of electricity and water, and that non-payment may entitle the applicants, subject to court authorisation, to terminate or restrict such supply. It is arguable that such termination or restriction does not necessarily constitute indirect eviction, and that the existence of pending eviction proceedings under the PIE Act does not preclude the relief sought. The issues raised are novel, of public importance, and bear prospects of success…

Source excerpt

• Eviction Proceedings
• Indirect Eviction
• Lease Agreements
• Water Services Regulation
• Section 26 Constitution
• Alternative Remedy

Capricorn District Municipality and Another v South African National Civic Organisation (237/2013)

Capricorn District Municipality and Another v South African National Civic Organisation (237/2013) [2014] ZASCA 39; 2014 (4) SA 335 (SCA) (31 March 2014)

Court

Supreme Court of Appeal

Case number

237/2013

Judges

Mthiyane, Lewis, Bosielo, Petse, Willis

The Supreme Court of Appeal set aside mandatory orders compelling municipalities to repair water infrastructure and impose flat water tariffs in Lebowakgomo Zone A.

• Municipal Tariffs
• Separation Of Powers
• Mandatory Interdict
• Water Services Regulation
• Constitutional Right To Water
• Municipal-tariffs