On 14 June 2013, the Gauteng Rental Housing Tribunal handed down its ruling in the Jele case, finding that the charging of a "service charge" to tenants of a building in Hillbrow violates Regulation 13(1)(d) and (f) of the Gauteng Unfair Practices Regulations, and amounts to a profit which the landlord is not entitled to make (off electricity charges).
The Tribunal found that the City's electricity by-laws and the Electricity Regulation Act preclude the landlord from making a profit off electricity. In terms of the latter, the landlord would need to have a licence to trade in electricity, which it does not have. The landlord also raised the arguments that Regulation 13 does not apply because it is superseded by the tenants’ lease agreements, and that it is the electricity service provider to the tenants, not City Power, and hence is entitled to levy its own service charge in addition to City Power. The Tribunal unanimously rejected these arguments.
The Tribunal ruled that the landlord is interdicted from levying the charge in future, and ordered the landlord to repay to the tenants all the service charges levied against them since May 2009.