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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
1 judgment
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February 2022
Du Plooy and Another ; In re: Du Plooy and Another v Eskom Holdings Soc Limited (UM 197/2021) [2022] ZANWHC 8 (16 February 2022) (Reasons)
Applicants failed to establish a prima facie right to compel reconnection where arrears and meter tampering justified lawful termination.
Contract law – ratification by conduct where written supply agreement unsigned – supply and billing can constitute acceptance. Interim relief – requirements for final interdict not met where non-payment and meter tampering are established. Administrative/contractual dispute resolution – contractual arbitration clause (AFSA) vs lodging complaint with NERSA. Electricity supply – lawful termination for non-payment and for tampering/bypassing of meters; interplay with Electricity Regulation Act and regulations. Procedure – status and limits of ex parte interim orders and court’s power to replace or discharge prior orders.
 16 February 2022