ProBono.Org has committed itself to taking on some social impact cases. Amongst these is the Egoli Gas (Pty) Ltd v KRRA case. We would like to thank Baker McKenzie for taking on this matter on a pro bono basis. Baker McKenzie will be the attorneys on record for the Kensington Residents and Ratepayers Association.
This is an urgent direct application to the Constitutional Court to appeal the decision of the Gauteng Local Division of the High Court after it dismissed an application (with costs) for an urgent interdict against Egoli Gas.
On 6 September 2023 Egoli Gas gave a 30-day notice of termination of the supply of piped natural gas to the suburb of Kensington and residents of the suburbs of Bertrams, Malvern and Bezuidenhout Valley. On 19 September a second notice was sent out which purported to extend the initial notice.
On 6 October 2023 Egoli Gas notified the affected households of an extension to 31 January 2024.
The supply of piped natural gas to the affected households was historically provided by an organ of State, the Municipality, or an entity under its control, from 1892 to 2000, but since 2000 has been provided by Egoli Gas after the municipal entity that performed this function was sold to Egoli.” “A two-part urgent application was brought by the KRRA in the High Court seeking relief against Egoli Gas.
- Part A – an interim interdict to prevent Egoli Gas from terminating the supply of natural gas to affected households.
- Part B – to review and set aside the decision to terminate the supply of natural gas to the affected households. The High Court dismissed Part A of the application and found that the onus was on the KRRA and not Egoli Gas in terms of s22 of the Gas Act to have shown that the termination of services was not objectively justifiable.
Although the High Court dismissed Part A of the application, is not the end of the road for the KRRA. They remain hopeful for a finding that the” “actions of Egoli Gas were indeed unlawful and unconstitutional.
Our commitment to social justice compels us to take on and refer such matters that impact on the constitutional rights of individuals and communities. ProBono.Org will continue to oversee the legal process of this case to its finality and will provide updates on any development’s website and social media pages.
