Show simple item record 2017-04-08T17:12:19Z 2017-04-08T17:12:19Z 2009-06-08 en
dc.identifier.citation [2009] ZACC 30
dc.identifier.citation 2010 (3) BCLR 212 (CC)
dc.identifier.citation 2010 (4) SA 55 (CC)
dc.title Joseph and Others v City of Johannesburg and Others en
dc.title.alternative CCT43/09 en
dc.identifier.casenumber CCT43/09 en 18 August 2009
dc.contributor.judge Skweyiya J 9 October 2009
dc.concourt.synopsis 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)
dc.concourt.casehistory 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).

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