Resilient Properties (Pty) Ltd v Eskom Holdings SOC Limited and Others (11316/18) [2018] ZAGPJHC 584 (14 September 2018)

Constitutional Law and Administrative Law – Cooperative governance – Section 41 of the Constitution and section 40 of the Intergovernmental Relations Framework Act 13 of 2005 require Organs of State to make reasonable effort in good faith to settle intergovernmental disputes. Interdict – Interim interdict – Appealable - although it is generally considered not in the interests of justice to permit an appeal against an interim interdict, there are limited circumstances where the interests of justice dictate that an interim interdict be appealable.
Interdict – Interim interdict - Prima facie right - whether residents of two municipalities have established the requisite prima facie right at the level required for interim relief to restrain Eskom from implementing its unilateral decisions to reduce its bulk electricity supply to municipalities to historic, outdated and inadequate contractually agreed supply levels without prior compliance with the constitutional and statutory imperatives relating to intergovernmental dispute resolution mechanisms, which rendered municipalities unable to fulfil their constitutional obligations owed to their citizenry resulting in a catastrophe unfolding with hospitals, schools, households and businesses severely disrupted and with damage to the environment as a result of water sources being contaminated due to damage to the municipal water and sewage systems.
Prima facie right on the facts established by demonstrating prospects of success in review proceedings in due course to review and set aside Eskom’s decisions on the basis that they undermine constitutional and statutory imperatives.