Constitutional law – section 41 of the Constitution of the Republic of South Africa, 1996 – principles of cooperative government and intergovernmental relations – all spheres of government and all organs of state obliged to make reasonable effort in good faith to settle intergovernmental disputes – Intergovernmental Relations Framework Act 13 of 2005, ss 40 and 41.

Electricity – Electricity Regulation Act 4 of 2006, s 21(5) – interruption of electricity supply by Eskom to municipalities in financial crises and unable to pay for electricity supply – municipalities constitutionally and statutorily obliged to provide basic services, inclusive of electricity, to communities – whether Eskom entitled to interrupt electricity supply due to non-payment.

Local Government – Local Government: Municipal Structures Act 117 of 1998 – Local Government: Municipal Systems Act 32 of 2000 – Local Government: Municipal Finance Management Act 56 of 2003.

Spoliation – rights protectable by mandament van spolie – whether
an electricity supply in itself an incident of possession of the property to which
it is delivered or a mere personal right – whether such supply protectable by the
mandament.

Electricity Regulation Act 4 of 2006 – interdict and counter-application – municipality’s obligation to pay for electricity supplied to it by Eskom – interdict to prevent the interruption of the electricity supply for non-payment – counter-application to compel payment as agreed to by the municipality.

Practice – pleadings – application for money judgment for arrear levies alleged to be due and payable to a body corporate constituted under section 2 (1) of the Sectional Titles Schemes Management Act 8 of 2011 – compliance with the applicable Management or Conduct Rules must appear from the body corporate’s papers before the money judgment can be granted.

Practice – pleadings – application for an order disconnecting or limiting water and electricity supplied to a body corporate member’s unit until judgment debt is satisfied – relief affecting constitutional rights – relief not competent unless authorised by an applicable Management or Conduct Rule or agreed to by the body corporate member - Management Rule, Conduct Rule or agreement must be specifically pleaded, failing which no relief can be granted.

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.

Urgent application – Rule 7 Uniform Rules of Court – Authority to initiate proceedings on behalf of Municipality not furnished on the Court – Application not properly before the Court and stands to be dismissed.