Case Law[2025] ZAGPJHC 1138South Africa
Residents of S. N. and M. Streets, Dlamini, Soweto v Minister of Electricity and Energy and Others (2025/202408) [2025] ZAGPJHC 1138 (4 November 2025)
High Court of South Africa (Gauteng Division, Johannesburg)
4 November 2025
Judgment
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# South Africa: South Gauteng High Court, Johannesburg
South Africa: South Gauteng High Court, Johannesburg
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## Residents of S. N. and M. Streets, Dlamini, Soweto v Minister of Electricity and Energy and Others (2025/202408) [2025] ZAGPJHC 1138 (4 November 2025)
Residents of S. N. and M. Streets, Dlamini, Soweto v Minister of Electricity and Energy and Others (2025/202408) [2025] ZAGPJHC 1138 (4 November 2025)
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# IN THE HIGH COURT OF
SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
# GAUTENG DIVISION,
JOHANNESBURG
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
: 2025/202408
DATE
:
2025-11-04
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED
DATE:
6 November 2025
In the matter between
RESIDENTS OF S[…],
N[…]
AND M[…] STREETS,
DLAMINI, SOWETO
Applicants
and
THE MINISTER OF
ELECTRICITY AND
ENERGY AND TWO
OTHERS
Respondents
JUDGMENT
EX TEMPORE
WILSON
,
J
: The applicants, who are various
residents of three streets in Dlamini Extension 1, Soweto, approached
me in person on an urgent
basis to restore the electricity supply to
certain of the properties in those streets, which was cut off during
or about 12 August
2025.
The
applicants allege that in the course of seeking the reconnection of
the electricity cut off on that date, they struck a bargain
with the
second respondent, Eskom Holdings, represented by the third
respondent, Mr Maphalala, that certain payments would be made
to
Eskom as a condition of restoration of the supply.
The
applicants allege in their papers that those payments were made, but
the supply was not restored. The applicants have
accordingly
been without electricity since mid-August 2025.
They
bring this application to declare that Eskom is in breach of its
agreement with them, and to direct Eskom to restore the electricity
supply to each household presently without it, on each of the three
streets, within 48 hours of the order being made.
The
applicants have served the application on the state attorney. They
have not served the application on Eskom at its headquarters
at M[…]
P[…]. Nor have they served the application on the third
respondent at his office. Nevertheless, the first
respondent, having
been given a week’s notice of the application via the state
attorney, has chosen not to oppose the application
– or, at
least, no one from the state attorney has appeared before me to
oppose the grant of the relief sought.
Given
the obvious urgency of the matter and the hardships being experienced
by the applicants, I am inclined to make an interim
order, directing
the restoration of the electricity to the applicants’ homes,
pending the full and proper service of the
application and a return
date on which the merits of the application may be ventilated.
Accordingly,
I make the following order:
1
The matter is declared urgent, and the applicants’ departure
from the ordinary rules of notice,
the time periods specified in the
rules, and the rules of service, is condoned.
2
A
rule nisi
is issued, calling on the respondents, or any other interested party,
to show cause before Wilson J at 10am on 25 November 2025
why the
following order should not be made final –
2.1
The second respondent is declared to
be in breach of its agreement to
restore electricity to the applicants on the terms and conditions set
out at paragraphs 36 to
40 of the applicants’ founding
affidavit.
2.2
The second respondent is directed to
restore the electricity supply
to each household presently without such supply on S[…], N[…]
and M[…] Streets,
Dlamini Extension 1, Soweto, within 48 hours
of the service of this order upon it.
2.3
The first respondent is directed to
take all the administrative and
other steps necessary to ensure that the second respondent complies
with the order in paragraph
2.2 above.
3
The orders in paragraphs 2.2 and 2.3 above will operate
as an interim interdict
pending the return date.
4
A copy of this order is forthwith to be served –
4.1
On the first respondent, care of the
State Attorney, Johannesburg.
4.2
On the second respondent at M[…]
P[…], Maxwell Drive,
Sunninghill, Sandton, 2157.
4.3
On the third respondent at the Eskom
Midway Customer Service Centre,
1[…] I[…] Road, M[…], Soweto.
5
Costs are reserved.
WILSON, J
JUDGE OF THE HIGH
COURT
4
November 2025
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