Eskom Holdings SOC Limited v Letsemeng Local Municipality and Others (990/2020) [2022] ZASCA 26 (9 March 2022)

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.

Posts and Telecommunications-Related Matters Act 44 of 1958 – rules
of Post Office Retirement Fund (the Fund) – rule 3 requires the South African Post
Office (SAPO) to pay to the Fund pension contributions, including employees’
contributions, on a monthly basis – SAPO stopped paying contributions – rule 3 places
an obligation on SAPO to pay contributions – the obligation to pay has not been extinguished or deferred by intervening impossibility of performance – the obligation
to pay may not be avoided by SAPO deciding not to pay the Fund, but to pay other
creditors instead.