A September 2024 High Court judgment underscores the importance of procedural fairness and transparency in municipal service delivery and the need for compliance with legislation and by-laws. The court addressed issues regarding the disconnection of electricity services by the Makhado Local Municipality.

The municipality disconnected the applicants’ electricity at their primary residence due to alleged arrears of R154 577.30. The sum owed by the applicants was consolidated from two properties owned by the applicants. The other property was unmetered.

The applicants contended that the disconnection was unlawful as it was executed without proper notice.

The court had regard to Sections 152 and 153 of the Constitution, Sections 95 and 102 of the Local Government: Municipal Systems Act, 2000, and the First Respondent’s Credit Control and Debt Collection By-laws (2020 / 2021). In terms of the by-laws, the respondent was required to provide 10 days’ notice prior to suspending the electricity service.  

The court held that:

  • The disconnection of electricity at the primary residence without proper notice created an urgent situation, justifying urgent intervention. The application was therefore properly brought on an urgent basis.
  • Despite the municipality’s compliance with the interim order, ongoing disputes regarding account consolidation and disconnection procedures warranted judicial review. The discrepancies in the billing amounts and unallocated payments made by the applicants required further investigation. This is an issue of ongoing public importance.
  • The municipality’s failure to provide adequate notice rendered the disconnection procedurally unfair and unlawful.

The court ordered the municipality to reconnect the electricity supply, to provide a detailed breakdown of the consolidated amount, and to adhere to proper notice procedures for any future disconnections.

Makhavu and Another v Makhado Local Municipality and Another (7776/2024) [2024] ZALMPPHC 132 (18 September 2024).