- The Pretoria High Court has ordered the City of Tshwane to urgently reconnect electricity for Tech Spares CC after a disconnection almost forced the company to close its doors.
- The court found that although the city followed its credit control rules, the business raised a genuine dispute over whether its 1997 lease included electricity.
- Power was restored on strict conditions, including monthly payments towards the disputed arrears and clear deadlines to resolve the legal issues.
A Pretoria business has secured temporary relief after the City of Tshwane cut off its electricity over alleged arrears of more than R3.8 million. The High Court agreed that this had an immediate and serious impact on the company’s ability to operate.
In Tech Spares CC v City of Tshwane Metropolitan Municipality, Judge JS Nyathi considered whether electricity should be restored urgently while deeper legal questions about the lease and municipal billing are sorted out in due course.
Tech Spares CC lost power at its premises on 6 October 2025 after a series of demand letters and a final disconnection notice. The business went to court urgently, saying that without electricity it could not trade and risked losing long-term business relationships.
Judge Nyathi agreed the harm was neither speculative nor remote, and said that “the disconnection is a current, ongoing infringement with concrete effects on the applicant’s business continuity.” Even though there was a short delay between the power cut and the court application, the judge held that the consequences of staying without electricity were immediate and severe. He stated that “the prejudice from continued disconnection is immediate.”
A lease from 1997 at the centre of the row
The heart of the dispute is a lease agreement signed in 1997. Tech Spares says the lease sets a single rent that includes rates, water and electricity, which means the city cannot lawfully bill separately for electricity.
The City of Tshwane disagrees. It says the lease makes the tenant responsible for utilities, and that Tech Spares has not paid for electricity since July 2024. The municipality relied on its credit control policy and electricity by-laws, arguing that access to municipal services depends on payment.
Judge Nyathi made it clear that the court could not interpret the lease fully at this stage. Referring to contract law, the judge pointed out that “given the contradictory interpretations and the incomplete lease text on these papers, the applicant has established at best a prima facie right, open to some doubt.”
That doubt was enough for temporary protection, but not enough to force the city to supply electricity without safeguards in place.
Conditional relief aims to balance interests
When weighing convenience, Judge Nyathi recognised the city’s duty to maintain financial health and enforce a culture of payment. He warned that courts should not make orders that undermine proper credit control, stating that “an unqualified order compelling ongoing supply without payment safeguards is untenable.”
At the same time, the court accepted that the harm to Tech Spares was ongoing and not easily fixed. Judge Nyathi said the company showed “ongoing harm: inability to trade, risk of closure, and loss of relationships,” and that this harm was “current and not readily compensable.”
The court rejected the idea that payment arrangements alone were an adequate answer. Judge Nyathi explained that “payment arrangements may be an alternative, but they presuppose a common understanding of the correct account and charge allocation, precisely what is disputed.”
Strict conditions and deadlines
The court ordered the electricity to be restored immediately, but under strict conditions. Tech Spares must pay all current and undisputed charges in full, and pay R250 000 each month towards the disputed arrears, without giving up its legal arguments.
Judge Nyathi stressed that this kind of interim relief must be carefully framed. He explained that “any interim order must be time-limited, tie relief to steps regulating the review and declaratory proceedings, and preserve the City’s credit control rights.”
If Tech Spares misses two payments in a row, the city can go back to court on short notice to ask permission to disconnect again.
Court keeps the process moving
To make sure temporary relief does not drag on, Judge Nyathi set firm deadlines. Tech Spares must lodge its PAJA review within 30 days and start any declaratory or rectification action within 45 days, unless those issues are already being dealt with in another case.
The interim reconnection will automatically end after 12 months, unless extended by another court order. Judge Nyathi emphasised that this approach is fair to both sides and makes it clear that interim relief is not meant to “freeze” disputes indefinitely.
On costs, the court ordered Tech Spares to pay costs wasted by an earlier adjournment and said the rest of the costs will be decided in the main case.
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