Tshwane scores legal victory in Marabastad utility dispute
The City of Tshwane has successfully opposed an urgent court application brought by two companies trading from city-owned buildings in Bloed Street, Marabastad, following a municipal clampdown on illegal electricity connections and non-payment of services.
The businesses alleged they had been unlawfully evicted after the metro disconnected power and water to the premises in late July.
However, the High Court in Pretoria dismissed the urgent application, ruling in favour of the city and affirming that no eviction had occurred.
According to the City of Tshwane, the action was taken after officials discovered that electricity was being supplied to the properties through illegal connections and bypassed meters.
The businesses had also racked up over R6 million in unpaid service accounts and had failed to honour lease obligations.
"The city argued that there was absence of unlawful dispossession from the city’s actions and that the disconnection of municipal services was lawful, legitimate and executed in strict compliance with applicable municipal by-laws and contractual provisions, " the city said.
The court also found that the occupants had vacated the premises voluntarily, without any forced eviction or coercive action by the municipality.
"The occupants of the properties in question vacated voluntarily, with no coercive action or forceful eviction undertaken by the city," Tshwane said in its statement.
The city hailed the court ruling as a significant milestone in its ongoing campaign to recover revenue and enforce legal compliance across all municipal-owned buildings.
"The City of Tshwane welcomes yesterday's (Tuesday) ruling by the Gauteng North Division of the High Court on an application by two companies trading in Marabastad, which instituted urgent court proceedings seeking relief on what they alleged was the city's unlawful dispossession of their peaceful and undisturbed possession of the properties situated in Bloed Street, Marabastad," said city spokesperson Selby Bokaba.
"The application was dismissed, with each party ordered to pay their own costs. The judge was of the view that the city's version that it did not evict the occupants and that the occupants voluntarily vacated the premises should prevail."
The administration said it remains committed to holding businesses accountable for service usage and ensuring city properties are not used in violation of lease conditions.
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