Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others (Case no 663/19); Eskom Holdings SOC Ltd v Sabie Chamber of Commerce and Tourism, and Others (Case no 664/19); Thaba Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tou (583 of 2019; 663 of 2019; 664 of 2019) [2020] ZASCA 185 (29 December 2020)
- Flynote
-
Constitutional law – section 41 of the Constitution of the Republic
of South Africa, 1996 – principles of cooperative government and
intergovernmental relations – all spheres of government and all organs of state obliged to make reasonable effort in good faith to settle intergovernmental disputes – Intergovernmental Relations Framework Act 13 of 2005, ss 40 and 41. Electricity – Electricity Regulation Act 4 of 2006, s 21(5) – interruption of electricity supply by Eskom to municipalities in financial crises and unable to pay for electricity supply – municipalities constitutionally and statutorily obliged to provide basic services, inclusive of electricity, to communities – whether Eskom entitled to interrupt electricity supply due to non-payment. Local Government – Local Government: Municipal Structures Act 117 of 1998 – Local Government: Municipal Systems Act 32 of 2000 – Local Government: Municipal Finance Management Act 56 of 2003.
This document is 381.4 KB. Do you want to load it?
Cited documents 25
Judgment 16
- Albutt v Centre for the Study of Violence and Reconciliation and Others [2010] ZACC 4 (23 February 2010)
- All Pay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (Corruption Watch and Centre for Child Law as Amici Curiae) [2014] ZACC 12 (17 April 2014)
- Baard NO and Others v PSG Consult Limited and Others (1039/09) [2018] ZAGPPHC 599 (28 March 2018)
- Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another [2019] ZACC 2 (1 February 2019)
- Democratic Alliance v President of South Africa and Others [2012] ZACC 24 (5 October 2012)
- Giddey NO v JC Barnard and Partners [2006] ZACC 13 (1 September 2006)
- Gundwana v Steko Development CC and Others [2011] ZACC 14 (11 April 2011)
- Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others [2004] ZACC 25 (8 October 2004)
- Joseph and Others v City of Johannesburg and Others [2009] ZACC 30 (9 October 2009)
- Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18 (10 June 2014)
- Mkontwana v Nelson Mandela Metropolitan Municipality and Another ; Bissett and Others v Buffalo City Municipality and Others ; Transfer Rights Action Campaign and Others v MEC for Local Government and Housing Gauteng and Others [2004] ZACC 23 (6 October 2004)
- President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd [2005] ZACC 5 (13 May 2005)
- Public Servants Association obo Ubogu v Head of the Department of Health, Gauteng and Others, Head of the Department of Health, Gauteng and Another v Public Servants Association obo Ubogu [2017] ZACC 45 (7 December 2017)
- Rademan v Moqhaka Local Municipality and Others [2013] ZACC 11 (26 April 2013)
- Rademan v Moqhaka Municipality and Others (173/2011) [2011] ZASCA 244 (1 December 2011)
- University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others [2016] ZACC 32 (13 September 2016)
Legislation 9
- Companies Act, 2008
- Electricity Regulation Act, 2006
- Local Government: Municipal Finance Management Act, 2003
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Magistrates' Courts Act, 1944
- National Energy Regulator Act, 2004
- Promotion of Administrative Justice Act, 2000
- Public Finance Management Act, 1999
Documents citing this one 6
Judgment 6
- De Koker v Eskom Holdings Ltd and Another (077168/2023) [2023] ZAGPJHC 1043 (19 September 2023)
- Eskom Holdings Soc Limited v Lekwa Ratepayers Association NPC and Others ; Eskom Holdings Soc Limited v Vaal River Development Association (Pty) Ltd and Others (870 of 2020) [2022] ZASCA 10 (21 January 2022)
- Eskom Holdings Soc Limited v Vaal River Development Association (Pty) Limited and Others [2022] ZACC 44 (23 December 2022)
- Municipality v Eskom Holdings Soc Ltd and Others (35921/20) [2022] ZAGPJHC 940 (6 July 2022)
- Municipality v Eskom Holdings Soc Ltd and Others (35921/2020) [2022] ZAGPJHC 435 (6 July 2022)
- Pioneer Foods (Pty) Ltd v Eskom Holdings Soc Limited and Others (325/2021) [2022] ZASCA 171 (1 December 2022)