Kempton Park/Tembisa Metropolitan Substructure v Kelder

The appellant, a transitional metropolitan council created under the Local Government Transition Act 209 of 1993, was responsible for electricity supply in the Kempton Park/Tembisa area. Due to historical, political and socio-economic factors, large parts of Tembisa had unmetered, illegal or unpaid electricity connections, leading to widespread non-payment and system instability. The council adopted a Business Plan in August 1995 aimed at normalising electricity supply and credit control through phased implementation. The respondent, a ratepayer, applied for a mandamus compelling the council to strictly enforce credit control measures, including immediate disconnection of non-paying consumers, recovery of arrears through legal action, and removal of illegal connections, alleging that council resolutions obliged it to do so.

The appeal was upheld with costs, including the costs of two counsel. The order of the court a quo was set aside and substituted with an order dismissing the application with costs.

The case clarifies the limits of judicial intervention in municipal governance, particularly regarding the enforcement of policy decisions and council resolutions. It affirms that municipalities retain discretion in implementing credit control and service delivery measures and rejects the importation of private-law trust principles into public law duties of local government. The judgment is significant for delineating the proper use of mandamus against organs of state.