- The court found that the municipality failed to establish prima facieproof of meter tampering.
- Electricity was disconnected without prior notice and in breach of procedural fairness.
- The City was ordered to restore supply within 24 hours and was restrained from unlawful future disconnections.
Josephine Tselane Tsoku and Sheilah Damaries Tsoku brought an urgent application against the City of Tshwane and its Municipal Manager following the disconnection of electricity at their home on 5 March 2026.
Sheilah is the registered owner of the property situated in Andeon Extension 3, Pretoria. Josephine resides at the property together with their minor children. On the day in question, officials from the City of Tshwane attended the premises and disconnected the electricity supply by removing the prepaid meter.
Tshwane and its Municipal Manager opposed the application, contending that the disconnection was lawful, authorised under the Standard Electricity Supply Bylaws, and justified by alleged tampering with the prepaid electricity meter in the form of a bypass or bridge discovered during an inspection.
Sheilah denied any tampering and stated that the meter box is located outside the yard and controlled by Tshwane. She relied on the existence of a lawful solar installation to explain reduced electricity consumption.
Following the disconnection, Josephine and Sheilah took steps to resolve the matter internally. They attended municipal offices and engaged attorneys. Correspondence dated 10 March 2026 did not yield any meaningful response. The application was launched on 18 March 2026 and heard on 31 March 2026.
Judge JS Nyathi accepted that the matter was urgent, adding electricity is an essential basic service. The judge further said the deprivation of electricity impacts dignity, safety, health, food security and personal security.
The court considered whether the City of Tshwane and its Municipal Manager had lawful authority to disconnect electricity without prior notice, whether sufficient prima facie evidence of tampering existed, whether the disconnection complied with legality and procedural fairness, and whether Josephine and Sheilah were entitled to relief.
Applicable legal principles
The court held that the City of Tshwane is empowered to prevent illegal electricity connections and enforce compliance with its bylaws, but that this power constitutes administrative action and must comply with the Constitution and the principle of legality.
Judge Nyathi stated that self-help by an organ of state is impermissible. The court held that even where bylaws permit immediate disconnection, the existence of prima facie evidence justifying such action is required.
No prima facieevidence of tampering
The City of Tshwane relied on photographs, a job card and confirmatory affidavits from its officials. Judge Nyathi said that while photographs are attached, they are not accompanied by sufficient contextual evidence establishing when, how, and by whom the alleged tampering occurred.
The court found that there was no evidence linking the occupants to any tampering and no proof that they had access to or control over the meter installation. The court also noted that explanations initially given related to low electricity consumption, with tampering raised later.
Judge Nyathi indicated that this lends weight to the applicants’ contention that the tampering allegation emerged as an ex post facto justification. The judge was not satisfied that the respondents established reliable prima facie proof of tampering sufficient to justify immediate disconnection without prior notice.
It was common cause that no notice was given before the electricity was disconnected. Any notice was provided only after the disconnection. Judge Nyathi said the respondents’ conduct amounts to a form of self help which the rule of law does not tolerate.
The court held that even where laws permit immediate disconnection, the power must be exercised lawfully, rationally and proportionately. The removal of electricity supply to a household with minor children in circumstances where wrongdoing was disputed required proper procedural safeguards.
Final interdict and costs
The City of Tshwane argued that a final interdict would restrain its statutory powers. The court rejected this argument, holding that the relief only restrains unlawful conduct and does not prevent lawful enforcement.
Josephine and Sheilah sought a punitive costs order. The court found that while the conduct of the City of Tshwane was heavy-handed, it did not meet the threshold for attorney and client costs.
The court condoned non-compliance with the Rules of Court and heard the matter as one of urgency. The decision and conduct of the City of Tshwane and its Municipal Manager in disconnecting the electricity supply were declared unlawful.
Tshwane was ordered to restore the electricity supply to the property within 24 hours of service of the order. The metro was also interdicted and restrained from disconnecting the electricity supply to the property without lawful justification and without following due process.
Judge Nyathi ordered the City and Municipal Manager to pay the costs of the application jointly and severally on the party and party Scale B.
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