Pretoria man wins case over power cut

27/05/2015. Marius Blom a Pretoria lawyer won damages against the City of Tshwane after they cut his electricity in his office for two days even though it was fully paid. Picture: Masi Losi

27/05/2015. Marius Blom a Pretoria lawyer won damages against the City of Tshwane after they cut his electricity in his office for two days even though it was fully paid. Picture: Masi Losi

Published May 28, 2015

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Pretoria - Well-known Pretoria attorney Marius Blom, scored a victory over the Tshwane Metro Council which illegally cut his electricity supply for two days, resulting in him losing income as he could not conduct business over this period.

The council earlier admitted that it had illegally cut the power supply to Blom’s former office, in Brooklyn.

The High Court in Pretoria has ordered that the council pay Blom R35 114.92 - the potential earnings he lost out on during the two days of the power failure.

Blom is happy about the fact that he will be refunded for his financial losses, but there is a bit of bitter with the sweet.

Acting Judge Phati Ncongwane ordered the council to pay interest on this amount, from the date of the court order.

Blom told the Pretoria News that normally interest was calculated from the date the damages claim was instituted.

In this case, it was during the second half of 2010 and he lost about R21 000 worth of interest.

“But I am happy that I was at least able to secure my financial loss.”

Blom initially claimed R150 000 in damages, which included R50 000 for defamation as Blom’s firm - Marius Blom & GC Germishuizen Inc - believed its good name was tainted as the power cut left the impression it could not pay its bill.

But the court turned down this claim and said it did not hold water.

Blom has moved to other premises in Waterkloof, but during 2010, when his office was still in Brooklyn, the electricity supply was cut for two days as the council and the firm’s landlord were embroiled in a legal battle over alleged arrears in rates and taxes.

Blom said his firm was up to date with its electricity bill and the rates and taxes dispute had nothing to do with him.

“I am quite aware that it is a common phenomenon that the council suspends services without proper notice, and in cases where it is not even entitled to do so. But the council does just what it wants,” Blom said.

Asked whether this judgment will pave the way for others whose electricity supply was terminated due to non-payment, Blom said this was the first question posed in court.

“The answer is no, because the consumer must prove their power was illegally cut, before they can claim for any losses.”

The council is not allowed to cut the power supply if a dispute had been declared between it and the consumer, Blom said.

The council may, however, in a case of arrears which is not in dispute, recover the money in any manner.

If a person is, for example, in arrears with his or her rates and taxes, the council may cut the electricity supply as a result.

Blom, who has been practising as an attorney since 1978 and is an expert in liquor licence applications, said he had never been in arrears with his municipal account. When his office’s power supply was cut, his staff could not work.

While he is blind, he said during those two days he felt he was “as blind as a bat without electricity”.

Daily about 30 to 40 people visit his office and Blom said he was embarrassed by having to explain why everything was in the dark.

Pretoria News

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