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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted
from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO : 2025/202408
DATE : 2025- 11-04
(1) REPORTABLE : NO
(2) OF INTEREST TO OTHER JUDGES : NO
(3) REVISED
10
SIGNATURE DATE: 6 November 2025
In the matter between
RESIDENTS OF S […], N […]
20
AND M […] STREETS, DLAMINI, SOWETO Applicant s
and
THE MINISTER OF ELECTRICITY AND
ENERGY AND TWO OTHERS Respondent s
J U D G M E N T EX TEMPORE
WILSON , J: The applicants, who are various residents of 30
three streets in Dlamini Extension 1, Soweto, approached
me in person on an urgent basis to restore the electricity
supply to certain of the properties in those street s, which
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was cut off during or about 12 August 2025.
The applicants allege that in the course of seeking
the reconnection of the electricity cut off on that date, they
struck a bargain with the second respondent, Eskom
Holdings, represented by the third respondent, Mr
Maphalala, that certain payments would be made to Eskom
as a condition of restoration of the supply.
The applicants allege in their papers that those
payments were made, but the supply was not restored. The
applicants have accordingly been without electricity since 10
mid -August 2025.
They bring this application to declare that Eskom is in
breach of its agreement with them, and to direct Eskom to
restore the electricity supply to each household presently
without it , on each of the three streets , within 48 hours of
the order being made.
The applicants have served the application on the
state attorney. They have not served the application on
Eskom at its headquarters at M […] P[…]. Nor have they
served the application on the third respondent at his office. 20
Nevertheless , the first respondent , having been given a
week’s notice of the application via the state attorney, has
chosen not to oppose the application – or, at least, no one
from the state attorney has appeared before me to oppose
the grant of the relief sought .
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Given the obvious urgency of the matter and the
hardships being experienced by the applicant s, I am
inclined to make an interim order, directing the restoration
of the electricity to the applicants’ homes, pending the full
and proper service of the application and a return date on
which the merits of the application may be ventilated.
Accordingly , I make the following order :
1 The matter is declared urgent, and the
applicants’ departure from the ordinary rules of
notice, the time periods specified in the rules, 10
and the rules of service, is condoned.
2 A rule nisi is issued, calling on the respondents,
or any other interested party, to show cause
before Wilson J at 10am on 25 November 2025
why the following order should not be made final
–
2.1 The second respondent is declared to
be in breach of its agreement to
restore electricity to the applicants on
the terms and conditions set out at 20
paragraphs 36 to 40 of the applicants’
founding affidavit.
2.2 The second respondent is directed to
restore the electricity supply to each
household presently without such
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supply on S […], N […] and M […]
Streets, Dlamini Extension 1, Soweto,
within 48 hours of the service of this
order upon it.
2.3 The first respondent is directed to take
all the administrative and other steps
necessary to ensure that the second
respondent complies with the order in
paragraph 2.2 above.
3 The orders in paragraph s 2.2 and 2.3 above will 10
operate as an interim interdict pending the return
date.
4 A copy of this order is forthwith to be served –
4.1 On the first respondent, care of the
State Attorney, Johannesburg.
4.2 On the second respondent at M […] P[…],
Maxwell Drive, Sunninghill, Sandton, 2157.
4.3 On the third respondent at the Eskom Midway
Customer Service Centre, 1[ …] I[…]
Road, M […], Soweto. 20
5 Costs are reserved.
WILSON , J
JUDGE OF THE HIGH COURT
4 November 2025