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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
OTHER J, Respondents J, Wilson J, me to

Judgment

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2025 >> [2025] ZAGPJHC 1138 | Noteup | LawCite sino index ## 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) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2025_1138.html sino date 4 November 2025 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy # # 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 sino noindex make_database footer start

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