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Cited documents 5
Judgment
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Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Energy and Natural Resources
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Environment, Climate and Wildlife
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Documents citing this one 9
Judgment
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Reported
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.
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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. |
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Civil law and procedure – practice – joinder – no public law relationship between private landowner and unlawful occupiers – notion of a ‘special cluster of relationships’ did not translate into imposing obligations on private individuals, nor did it convert a contractual relationship into an administrative one – no direct, substantial and legal interest in dispute where no contractual privity – non-joinder point in limine dismissed.
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Appeal – section 16(2)(a)(i) of Superior Courts Act 10 of 2013 – mootness of appeal – issues of law in appeal settled by an earlier judgment of this Court – disputes overtaken by events – appeal moot – no discrete legal issue of public importance that would affect matters in the future. |