Mafilika and Others v Elundini Local Municipality and Another

The appellants were tenants occupying Erf 3488, Maclear, Eastern Cape. Electricity to the property was supplied by the Elundini Local Municipality under a contractual arrangement with the property owner. At the owner’s request, the municipality disconnected electricity on 7 February 2023 and water on 8 February 2023, without giving any pre-termination notice to the tenants. The tenants regularly purchased electricity and water from the municipality. They brought an urgent application seeking interim restoration of services pending a review declaring the disconnections unlawful under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). The High Court dismissed the application, finding non-joinder in relation to water services and holding that the electricity disconnection was contractual and not administrative action. The tenants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court order was set aside and replaced with an order directing the respondents to restore the electricity supply to the property within 24 hours, pending the final determination of Part B of the application. No relief was granted regarding water supply due to non-joinder.

The case reaffirms that municipalities owe procedural fairness obligations to occupiers and tenants when providing or terminating basic services, even where services are supplied through a contractual relationship with a property owner. It strengthens the application of PAJA and constitutional protections in the context of municipal electricity supply and confirms the continued authority of Joseph v City of Johannesburg in Supreme Court of Appeal jurisprudence.