Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd [2023] JOL 61480 (SCA)
Summary:
In the case of Emalahleni Local Municipality v Lehlaka
Property Development (Pty) Ltd, the Supreme Court of Appeal confirmed that
Lehlaka, a private property owner, had no constitutional obligation to provide
free electricity to unlawful occupiers on its properties. The court upheld
Lehlaka's right to terminate its consumer agreement with the municipality. The
dispute arose when the municipality refused to accept Lehlaka's termination
notice. The court found that the unlawful occupiers had no legal claim in the
termination dispute. It dismissed the appeal, asserting that the municipality
had no administrative duty to provide electricity to the occupiers.
Key Points:
- Lehlaka,
a private property owner, sought to terminate its consumer agreement with
the municipality after unlawful occupiers utilized electricity on its
properties.
- The
municipality refused to accept the termination, leading to a legal
dispute.
- The
court ruled that unlawful occupiers had no legal right to free electricity
from Lehlaka.
- The
municipality's refusal to accept the termination did not constitute
administrative action under the law.
- The
court dismissed the appeal, upholding Lehlaka's right to terminate the
contract with the municipality.
