Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)

70 Reportability
Land and Property Law

Brief Summary

Electricity and Water Supply — Termination of services — Body corporate's authority to disconnect utilities for non-payment — Respondents in arrears for electricity and water supply — Court authorizes disconnection of electricity and restriction of water supply unless arrears are paid — Respondents prohibited from tampering with disconnection or restriction measures — Respondents ordered to pay outstanding levies, electricity, and water charges.

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[2015] ZAGPJHC 349
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Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)

SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
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SAFLII
Policy
IN THE HIGH COURT
OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
CASENO:
2015/33371
P/HNO:
0
JOHANNESBURG,
11 November 2015
BEFORE
THE HONOURABLE
JUDGE MAILULA
In
the matter between:-
CATHKIN PEAK SOUTH
BODY CORPORATE
Applicant
and
THEMBEKILE
PRISCILLA MURIEL JOHNSON
1
st
Respondent
MAUREEN
MNCWANGO

2
nd
Respondent
HAVING
read
the
documents
filed
of record and having
considered
the
matter:-
IT
IS ORDERED THAT:-
1.1.
The Applicant
is
authorized to
terminate the supply of electricity to the premises owned by the
Respondents, being Sectional Title Unit [....], Door
Number [....],
Cathkin Peak South, [....] D [....] Avenue, Windsor East ("the
premises"), which the Respondents occupy,
unless the Respondents
make payment of the full arrear electricity figure in the amount of
R29 690.54.
1.2.
The Sheriff of
the Honourable Court is authorised to grant an electrician, appointed
by the Applicant, access to it in order to
disconnect the electricity
supply to the premises.
1.3.
The Respondents
are prohibited from tampering with anything installed or removed by
the electrician, so as to reconnect the power
supply to the premises.
ClaimB:
2.1.
The Applicant
is
authorised to
restrict and/or limit the supply of water to the premises in the
amount of 60001 (Six Thousand litres) per month,
unless
the
Respondents
make
payment
of
the
full
arrear
amount
of
R7
308.04
in respect of water supply to the premises.
2.2.
The Sheriff of
the Honourable Court is authorised to grant a contractor, appointed
by the Applicant, access to it in order
to restrict
and/or limited the water supply to the premises as prayed for in
prayer 2.1 above.
2.3.
The Respondents
are prohibited from tampering with anything installed or removed by
the contractor, so as to reconnect the water
supply to the premises.
Claim C:
3.1.
The Respondents
are to pay the Applicant an amount of R30 939.00 for unpaid levies.
3.2.
The Respondents
are to pay the Applicant an amount of R29 690.54 for unpaid
electricity.
3.3.
The Respondents
are to pay the Applicant an amount of R7 308.04 for unpaid water.
ClaimD:
4.1.
The Respondents
are to pay the costs of this application on an attorney and client
scale.
BY THE COURT
REGISTRAR