In a recent ruling, the South Gauteng High Court in Johannesburg addressed a legal dispute involving a Johannesburg apartment owner who argued that his body corporate could not disconnect his electricity for non-payment due to his Constitutional rights. The court dismissed this argument, affirming the body corporate’s right to disconnect electricity for unpaid charges and levies until the outstanding debt is cleared.
The case centred around an apartment owner who had accumulated over R100,000 in levies and unpaid electricity charges between February 2021 and March 2023. This owner argued that his Constitutional rights were being infringed upon, citing Section 25, which protects against the “arbitrary deprivation of property” and his “public law right to receive electricity from the municipality.” However, the body corporate maintained that there was a tacit agreement that all sectional scheme owners are responsible for paying levies and duties upon purchasing a unit in the complex.
The apartment owner acknowledged his indebtedness, explaining that the COVID-19 pandemic had negatively impacted his financial situation as the breadwinner of his household. He proposed a repayment plan of R8,000 monthly and suggested renting out his apartment to generate additional income. Despite these offers, the core issue was whether the body corporate had the legal authority to disconnect his electricity until he settled his debts.
The body corporate argued that if they continued to pay the owner’s electricity costs, their financial reserves could be depleted, ultimately jeopardizing the entire complex of over 80 apartments. They were concerned that failing to keep up with monthly payments for everyone could result in disconnection by the electricity provider, affecting all residents.
The court sided with the body corporate, recognizing the unfairness of other owners subsidizing the apartment owner’s electricity use. The judge acknowledged that while the body corporate couldn’t “arbitrarily disconnect” power, a court order could be obtained for justified disconnection. This ruling allows the body corporate to prevent further financial losses by stopping the electricity supply to the unit until the arrears are settled.
Judge Leonie Windell emphasized that the issue was more than mere non-payment; it involved the financial stability of the entire complex. She ruled that by disconnecting electricity, the body corporate could mitigate its losses and further prevent the situation from deteriorating. The judgement further required the man to pay the R107,000 he owes, plus interest at 11.25%. If he fails to comply within ten days, the body corporate is authorised to employ an electrician to disconnect his electricity.
Judge Windell stated, “The electricity supply shall remain disconnected until such amount plus interest on that amount at the rate of 11.25% per annum, compounded monthly, is paid.” This ruling reflects the court’s stance that while constitutional rights are paramount, they do not provide a loophole permitting continued benefit from services without payment. The decision underscores the principle that financial obligations in communal living arrangements must be met to ensure fairness and sustainability for all involved parties.
