City of Cape Town v Strümpher

The respondent owned property in Strand on which he had operated a caravan park for 37 years, during which time he received a continuous municipal water supply from the City of Cape Town. A large water account arrear of approximately R182 000 accumulated, which the respondent disputed on the basis that the water meter had been defective and recorded excessive usage. Despite the dispute being raised and not resolved, and without following its own dispute resolution procedures, the City disconnected the water supply to the property. The respondent approached the magistrates’ court for a spoliation order compelling reconnection, which was upheld by the High Court and then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the spoliation order directing the City to reconnect the water supply remained in force.

The case confirms that access to municipal water is a public-law right rooted in the Constitution and legislation, not merely a contractual entitlement. It establishes that municipalities may not summarily disconnect water supplies where a bona fide dispute exists without complying with statutory fairness requirements and their own procedures. It also affirms that the mandament van spolie is available to protect access to water as an incident of possession.