Joseph and Others v City of Johannesburg and Others

The applicants were tenants residing in Ennerdale Mansions, Johannesburg. Electricity to the entire building was supplied by City Power to the landlord, Mr Nel, who in turn billed tenants. Due to the landlord’s failure to pay arrear electricity charges amounting to approximately R400 000, City Power disconnected the electricity supply to the building without giving prior notice to the tenants. Most tenants had paid their electricity charges to the landlord and were unaware of the arrears. Approximately 30 families, including children and elderly persons, were affected and lived without electricity for about 12 months. The tenants sought reconnection and contended that the termination without notice violated their right to procedural fairness under the Promotion of Administrative Justice Act 3 of 2000 (PAJA).

Leave to appeal was granted. The appeal was upheld. The termination of electricity supply without notice to the applicants was declared procedurally unfair and unlawful. City Power was ordered to reconnect the electricity supply to Ennerdale Mansions and to provide tenants with procedurally fair notice before any future disconnection.

This case is a leading authority on procedural fairness in the context of municipal service delivery. It confirms that administrative law protections under PAJA extend beyond formal contractual relationships and apply to vulnerable service users affected by the exercise of public power. The judgment strengthened the protection of tenants’ rights and clarified municipalities’ constitutional obligations when disconnecting basic services.