Mlungisi July and Another v The Municipal Manager, King Sabata Dalindyebo Municipality and Others

The applicants were successors in title to two properties in Mthatha (43 Callaway Street and 70 Owen Street). The fifth respondent, as previous owner, had accumulated substantial municipal arrears for water and electricity. Earlier litigation had set aside a fraudulent transfer of the properties to the fifth respondent. Despite this, municipal accounts remained in her name and included historical debt accrued before the applicants became owners. The municipality disconnected water and electricity due to arrears. The applicants brought an urgent application seeking an interdict compelling reconnection of services, transfer of historical debt to the fifth respondent, and issuance of new municipal accounts in their names reflecting only current usage.

The application was dismissed with costs.

The case reaffirms the principle that access to municipal services is regulated through statutory and contractual mechanisms, and that courts will not compel municipalities to bypass credit control policies. It underscores the requirement that applicants seeking interdictory relief against service disconnections must first establish a clear legal right, including proper registration as municipal consumers.