Willem Johannes Louw
16 Feb 2026
When levy arrears threaten a scheme’s finances, what legal authority does a body corporate have to suspend electricity, and where do constitutional rights draw the line?
In January 2026, the High Court made an important decision in the case of Body Corporate The Straight v Jansen Madike Katisi. The case was about a unit owner who had not paid levies and electricity fees but continued to use electricity in the building. The Body Corporate asked the court to order the owner to pay R107,940, and also to allow them to disconnect his electricity until he paid the debt.
The owner admitted that he owed the money. He said he had lost income during the Covid-19 pandemic and could not pay. He suggested a payment plan of R8,000 per month and offered to rent out the property to cover the debt. However, he never fully paid the money owed. The court agreed that the Body Corporate had the right to get its money.
The main question was whether the Body Corporate could disconnect the electricity. The owner argued that cutting off power without his agreement would violate his constitutional rights. He said it would be unfair and went against the law that protects property, housing, and dignity. He used previous court cases to support his point.
The Body Corporate explained that it could not disconnect electricity without the court’s approval. They also said that by buying the property, the owner agreed to follow the rules, pay levies, and accept any resolutions passed by the trustees. They also explained that they had been paying the electricity to Eskom for the non-paying owner, and if this continued, other owners would suffer. Non-paying members would lower the value of other units and could even risk electricity being cut to everyone.
The High Court balanced both sides. It noted that the Body Corporate is a non-profit organisation that depends on levies and utility payments to operate. It would be unfair if paying members had to cover the costs for someone else. The court agreed that the Body Corporate could disconnect the electricity until the owner paid the full debt.
This case shows that unit owners cannot enjoy electricity for free while avoiding their responsibilities. It also shows that bodies corporate have the right to protect their finances and the interests of other members. The court’s decision ensures that everyone shares the cost fairly, and encourages all owners to pay their levies and utility bills on time.