Constitutional Court decision as to the nature of the relationship between local government body as service provider and the end user of the service, where the service is provided through a third party such as a landlord; Nature of right to basic municipal services, including a right to electricity; Procedural fairness under national and Constitutional law.
Unfortunately, the outcome of this case has not brought any direct relief to the applicants, who remain without electricity. This is because, in the time it took for the case to reach the Constitutional Court, vandals had stripped the building of its electrical wiring, meaning that it was no longer possible for the City to reconnect without incurring considerable expenses, which it was unwilling to incur, and which the residents could not afford.
The public law right to electricity implied by legislation in Joseph was a significant advance in the interpretation and enforcement of socio-economic rights. The judgment opens up a range of new possibilities for holding electricity providers accountable. Indeed, during 2010, the Socio-Economic Rights Institute of South Africa (SERI) secured the reconnection of electricity to 420 low-income residents of Soweto, relying directly on the Joseph precedent. It is also possible that utilities will also in future be required to act reasonably in deciding whether or not to disconnect an electricity supply. The decision also raises the possibility of reviewing inaccurate billing practices and unjust disconnections that follow from them. However, no substantive conclusions about the right can yet be drawn.
Centre for Applied Legal Studies