CCT 44/22

[2022] ZACC 44

Madlanga J

23 May 2022

23 December 2022

http://hdl.handle.net/20.500.12144/37874

On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria)

Interim interdicts — nature of prima facie right — rights in Bill of Rights — content of rights — whether rights established — role of final relief in interim orders Bulk electricity supply — reduction of electricity supply — section 21(5) of the Electricity Regulation Act Pleadings — interpretation and purpose of pleadings — sufficiency of pleaded case Section 7(2) of the Constitution — duty to respect rights — duties of different organs of state — role and functions of local government — section 152 and 153 of the Constitution Section 7(2) of the Promotion of Administrative Act — exhaustion of internal remedies — section 30 of the Electricity Regulation Act Subsidiarity — direct invocation of the Constitution or not — electricity regulatory framework 3 Grounds of review — procedural fairness — rationality — ulterior motive Balance of convenience — separation of powers — polycentricty — rights violations — stability of national grid