Eskom Holdings SOC Limited v Masinda

Ms Nomajapan Masinda owned and possessed immovable property in Tsolo, Eastern Cape. Eskom, the licensed electricity distributor in the area, conducted inspections to address widespread illegal and dangerous electricity connections. During an inspection in August 2017, Eskom officials identified what they alleged to be an illegal and unsafe electricity installation on Ms Masinda’s property and disconnected the electricity supply. Ms Masinda contended that her prepaid meter and connection had been installed by a contractor she believed to be Eskom’s agent and that Eskom had unlawfully disconnected her electricity without due process. She launched urgent proceedings in the Eastern Cape High Court seeking restoration of the electricity supply, relying on the mandament van spolie and initially also on PAJA. The High Court granted a spoliation order directing reconnection. Eskom appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and substituted with an order dismissing Ms Masinda’s application with costs.

The case is significant for clarifying South African law on the scope of the mandament van spolie in relation to electricity and water supplies. It authoritatively confirms that the mere supply of electricity to property is not, without more, an incident of possession protectable by spoliation, and that purely personal or contractual rights cannot be enforced through the mandament. The judgment also disapproves earlier decisions suggesting otherwise, providing important guidance to courts and utilities.