A Komga business owner has secured a high court order to reconnect electricity after the Great Kei Municipality disconnected supply, mistaking reduced usage from solar panels for meter tampering. Judge Justin Laing ruled the municipality's policy allowing immediate disconnections without notice unconstitutional. The case highlights tensions between renewable energy adoption and municipal monitoring practices.
On 20 February 2025, the Great Kei Municipality disconnected electricity to a building owned by Trendigraph CC in Komga, Eastern Cape, without prior notice. The premises house a butchery and liquor store. The disconnection followed no recorded prepaid electricity purchases in December 2024 and January 2025, which officials flagged as potential tampering under their credit control policy.
Trendigraph's owner explained in court that he had made bulk purchases of R10,000 in September and October 2024. Consumption dropped after installing solar panels in January 2024, which generated 70,395 kW of power from February to December 2024, sufficient for operations. At disconnection, 2,045 prepaid units remained available. Lawyers insisted no meter tampering occurred, supported by a solar technician's report.
In the Eastern Cape Division of the High Court in Makhanda, Judge Justin Laing ruled there was no factual basis for the disconnection. He stated, “The absence of any record of electricity purchases, moreover, can hardly be deemed as evidence of tampering. There could have been a perfectly acceptable reason for this, such as a faulty meter or faulty monitoring software — or a switch to solar energy, as was the case here.” The judge criticized the municipality's policy for permitting immediate cutoffs without notice, declaring it unconstitutional and an infringement of the Promotion of Administrative Justice Act.
The municipality justified its actions as part of efforts to curb meter tampering, citing an Auditor-General’s 2024 report of R3.8-million in losses, or 33% of electricity purchased, due to theft and dilapidated infrastructure. However, Laing noted no evidence supported suspicions against Trendigraph, and low consumption could stem from South Africa's unreliable grid and rising solar reliance.
The court ordered reconnection, though it noted the owner had mistakenly and illegally reconnected supply post an interim order. This ruling underscores the need for municipalities to provide pre-termination notices, as affirmed by prior Constitutional Court precedents.