Walters v Buffalo City Metropolitan Municipality and Another

The applicant, Ricardo Walters, was the owner and occupier of a residential property in East London. His electricity supply was disconnected by the Buffalo City Metropolitan Municipality on 12 March 2025. He approached court urgently and obtained interim relief ordering reconnection and interdicting further disconnection, on the basis that the municipality had failed to give the statutorily required pre-termination notice. The municipality opposed the confirmation of the interim order, alleging that it had duly served two pre-termination notices in compliance with the Municipal Systems Act and the applicable Electricity By-Laws: one in March 2024 on a person allegedly residing at the premises, and another in February 2025 affixed to the gate of the property by its appointed service provider, Yande Engineering and Projects. The applicant denied receipt of any notice and disputed the alleged service.

The application was dismissed, the rule nisi previously granted was discharged, and the applicant was ordered to pay the costs of the application.

The case reaffirms the application of the Plascon-Evans rule in disputes concerning municipal service delivery and highlights the procedural limits of motion proceedings where factual disputes arise. It also clarifies that municipal service providers authorised to disconnect electricity are impliedly authorised to serve pre-termination notices, reinforcing principles of incidental administrative powers.