CCT41/12

[2013] ZACC 11

2013 (4) SA 225 (CC)

2013 (7) BCLR 791 (CC)

Zondo J Majority judgment

Froneman J separate judgment

26 April 2013

http://hdl.handle.net/20.500.12144/3686

Application for leave to appeal against a judgment of the SCA: Rademan v Moqhaka Municipality and Others (173/11) [2011] ZASCA 244; 2012 (2) SA 387 (SCA) (1 December 2011). The case was first heard in the Free State High Court: Moqhaka Munisipaliteit en Anders v Rademan (142/2010) [2010] ZAFSHC 97 (2 September 2010).

Application for leave to appeal against a decision of the Supreme Court of Appeal confirming that Moqhaka Municipality was entitled to cut off the applicant’s electricity supply because she failed to pay her rates in protest against poor delivery of other municipal services. The majority held that the consolidation of an account means that different components of the account belong to one account so that a resident cannot pick and choose which components to pay. The majority held further that there is no conflict between the relevant provisions of the Electricity Regulation Act 4 of 2006 on the one hand, and the Local Government: Municipal Systems Act 32 of 2000 and provisions of the by-laws on the other. Since the applicant had failed to pay her rates and taxes, she had breached the conditions of payment. As a result, the Municipality was entitled to disconnect her electricity supply. Leave to appeal was granted, but the appeal was dismissed with no order as to costs. In a minority concurring judgment, Froneman J agreed with the main judgment and the order, but for different reasons. Majority: Zondo J (Mogoeng CJ, Moseneke DCJ, Jafta J, Mhlantla AJ, Nkabinde J, Skweyiya J and Van der Westhuizen J concurring). Separate concurrence: Froneman J.