City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others

The City of Tshwane supplied electricity to the Zambezi Retail Park, a sectional title commercial development, through a single supply point billed to the Body Corporate. The Body Corporate had a history of non-payment of municipal services. As a result of mounting arrears, the City implemented credit control measures, including disconnection of electricity. Vresthena (Pty) Ltd, a sectional owner leasing units to businesses, opposed the disconnection and brought an urgent application in the Gauteng Division of the High Court seeking restoration of electricity and water, and compelling the City to consider an application for a separate electricity supply to its units. The High Court granted interim relief restoring electricity pending further proceedings. The City sought to appeal this order, contending that it was final in effect and improperly compelled continued supply despite non-payment.

The appeal was upheld with costs. The High Court’s orders were set aside and replaced with an order dismissing Vresthena’s application with costs, including the costs of two counsel where applicable.

The case is significant for clarifying that interim orders compelling municipalities to provide services may be appealable where they are final in effect and cause serious prejudice. It reinforces municipal powers and duties to enforce credit control measures and confirms that courts should be slow to interfere with lawful service disconnections in cases of deliberate non-payment. The judgment also contributes to the evolving jurisprudence on the appealability of interlocutory orders under the interests of justice standard.