The owner cannot disconnect electricity supply to his tenant’s dwelling by justifying that he has the right to since he installed the cables and meters at his cost.

unreasonableness or prejudice in the tribunal’s deliberations and ruling and dismissed the landlord’s case with costs.

Judge Coppin said that insofar as the landlord averred in the proceedings before the Tribunal, that he/she performed a similar service to the council in respect of the supply of electricity, he/she did not establish that they were a “service provider” as envisaged in the Electricity Regulation Act.

“In terms of that law, ‘service provider’ means ‘a person or institution of any combination of persons or institutions which provide a municipal service in terms of a service delivery agreement’.”

The landlord was:

Interdicted and restrained from levying the service charge.

Directed to provide each tenant, on demand, a copy of the monthly account from City Power in respect of the property.

Ordered to repay to the tenants all service charges levied against them since May 2009.

The successful outcome of the tribunal’s ruling and the high court judgment confirming its decision should be a warning to landlords who use the sub-meters and prepaid meters. They do not have service delivery agreements with municipalities. Dr Mohamed is chairperson of the Organisation of Civic Rights and deputy chairperson of the KZN Rental Housing Tribunal. For advice, contact Pretty Gumede or Loshni Naidoo at 031 304 6451/pretty@ocr.org.za or loshni@ocr. org.za