CCT43/09

[2009] ZACC 30

2010 (3) BCLR 212 (CC)

2010 (4) SA 55 (CC)

Skweyiya J

18 August 2009

9 October 2009

http://hdl.handle.net/20.500.12144/3588

Application for leave to appeal against a judgment of the South Gauteng High Court, Johannesburg in Darries and Others v City of Johannesburg and Others Case No 08/22689, 3 April 2009, as yet unreported. To be reported as Darries and Others v City of Johannesburg and Others 2009 (5) SA 284 (GSJ).

Application for leave to appeal on whether the electricity supplier (City Power) can lawfully disconnect the electricity supply to leased residential premises without giving the tenants, and not just the landlord with whom the supplier has a contractual relationship, pre-termination notice and a hearing in terms of section 3(2) of the Promotion of Administrative Justice Act 3 of 2000 (?PAJA?). The unanimous Court held that the applicants received electricity as a matter of public law right correlative to the constitutional and statutory duties of local government to provide basic municipal services to all persons living in its jurisdiction. Applicants were accordingly entitled to procedural fairness. This required 14 days? pre-termination notice in the form of a physical notice placed in a prominent position in the building. By-law 14(1) of the Electricity By-laws (1999) was declared unconstitutional and therefore invalid ? an invalidity cured by severing the words ?without notice?. By-law 15(3) of the Credit Control and Debt Collection By-Laws (2005) was read in the light of PAJA to require procedural fairness and thus to produce a constitutional result. Majority: Skweyiya J (unanimous)