The SCA has ruled that Eskom was well within its rights to disconnect a Tsolo property that had been illegally connected to the grid, says a Daily Dispatch report. The SCA overturned an Eastern Cape High Court (Mthatha) judgment which had ordered the power utility to reconnect Nomajapan Masinda’s home to the grid in 2017.

The power supply to Masinda’s property – according to court papers – was disconnected after an Eskom team found that her electricity supply installation ‘included equipment of incorrect sizes, did not meet prescribed standards, had been erected by an unauthorised contractor, and constituted an immediate danger to the public’.

Eskom had turned to the SCA after Masinda had successfully convinced the Eastern Cape High Court (Mthatha) that Eskom needed to restore her connection, before any dispute between the parties over the illegality of her connection could be entertained.

The appeal matter was heard in May by Justice Eric Leach, with his final judgment issued this week.

The obvious difficulty standing in the way of relief being granted was that the supply that was sought to be restored was said to be unlawful and that it constituted a danger to the public. In seeking restoration of her electricity supply, Masinda’s claim could hardly have been more terse. She said no more than that Eskom’s officials had unlawfully disconnected the supply of electricity to her house and the prepaid meter, and asked that it be reconnected to the national grid,’ Leach said.

Full Daily Dispatch report

Eskom Holdings SOC Ltd v Masinda