Public Protector found that City of Tshwane failed to give adequate notice and clear reasons for cutting off the electricity
The Public Protector has found that the City of Tshwane Metro acted improperly and unfairly when it replaced an elderly resident’s prepaid electricity meter without notice, resulting in financial loss and service disruption.
In an intervention report released on Friday, Advocate Kholeka Gcaleka found that the metro failed to follow basic principles of legal and procedurally fair administrative action when it removed and replaced resident Lodewikus Jacobus Wolmarans’ meter.
Unauthorised replacement of electricity meter
Lodged in March 2025, the complaint centred on the alleged unauthorised replacement of his prepaid electricity meter in February 2024.
Wolmarans, 82, claimed he was neither informed nor consulted before the change, which led to the loss of nearly 3 000 kilowatt-hours of prepaid electricity units valued at just more than R10 000.
Power off for days
He was away for a considerable period and, when he returned home, on 28 February, the electricity went out immediately.
The metro failed to restore the electricity, despite him reporting the issue immediately. The power was only restored on 2 March 2024.
During this period, frozen meat, vegetables and medicine were spoiled.
“The evidence… indicates that the [metro] disconnected the complainant’s electricity supply and replaced his prepaid meter without providing prior notice, consultation or a clear and documented justification for such action… [Wolmarans] suffered financial prejudice, including the loss of prepaid electricity units valued at R10 117.52 and damage to perishable goods,” the Public Protector stated in the report.
City of Tshwane failed to give notice or reasons
According to Gcaleka, in assessing the lawfulness of the Tshwane metro’s conduct, she had to regard section 33(1) of the constitution, which guarantees everyone the right to administrative action that is lawful, reasonable and procedurally fair.
“Procedural fairness, in this context, ordinarily entails that the affected person be given adequate notice of the proposed action, a reasonable opportunity to make representations, and clear reasons for the decision.
“The conduct of [Tshwane metro], as reflected in the evidence, falls short of these requirements. The absence of prior notice, the failure to provide reasons, and the lack of any opportunity for the complainant to respond before the disconnection and meter replacement constitute prima facie violations of the procedural fairness requirements envisaged under both the constitution and [the Promotion of Administrative Justice Act],” she found.
The Public Protector added that the inability of the metro officials to provide a clear explanation for the meter removal, as evidenced by the incomplete job card, underscores deficiencies in administrative record-keeping and decision-making processes.
The matter was ultimately resolved through a mediation process facilitated by Gcaleka’s office.
The municipality agreed to reimburse all disputed electricity units, including 710.5kWh remaining on the old meter and 2 213.4kWh in unused tokens.
The total reimbursement restored the complainant’s losses, effectively settling the dispute.
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