CONCOURT RULING ON POWER CUT

THE Constitutional Court will decide today whether Johannesburg's City Power may cut the power of a block of flats without prior notice to tenants.

THE Constitutional Court will decide today whether Johannesburg's City Power may cut the power of a block of flats without prior notice to tenants.

An explanatory notice from the Constitutional Court said yesterday that City Power disconnected the power of Ennerdale Mansions in Johannesburg in July last year without notifying the tenants.

The tenants took the matter to the Johannesburg high court, which ruled that City Power had no obligation to notify them since it had no contractual relationship with the tenants.

The tenants paid their electricity bills to the fourth respondent, Thomas Nel, who owned and leased the flats. He charged them for the electricity separately, but owed City Power an accumulated arrears of about R40000. The notice said the tenants were all up to date with their payments.

The tenants launched an application for leave to appeal against the decision at the Constitutional Court.

They are challenging the validity of the City of Johannesburg's credit control bylaws as they restricted the duty to afford procedural fairness to "customers" of City Power. -Sapa

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