Eskom Holdings Soc Ltd v Resilient Properties (Pty) Ltd and Others ; Eskom Holdings Soc Ltd v Sabie Chamber of Commerce and Tourism and Others ; Thaba Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tourism and Others (583/2019; 663/2019; 664/2019) [2020] ZASCA 185 (29 December 2020)

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.

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Eskom from implementing its unilateral decisions to reduce its bulk electricity supply to municipalities to historic, outdated and inadequate contractually agreed supply levels without prior compliance with the constitutional and statutory imperatives relating to intergovernmental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.

Electricity Regulation Act 4 of 2006 (the Act) – Eskom and municipalities’ statutory obligations regarding loadshedding – legal nature of Codes made in terms of s 35(2) of the Act – Codes regulate equitable implementation of loadshedding when national electricity grid is at risk – whether Eskom entitled to implement loadshedding where municipalities fail to do so – Codes mandate Eskom to assume ultimate responsibility for loadshedding and to take prompt action to relieve any abnormal condition that jeopardises reliable operation – Eskom obliged to implement loadshedding where municipalities fail to shed the required load

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.