Cape Town - The government and Eskom are facing multiple legal challenges from opposition parties which are calling its latest electricity tariff increase of 18.65% and its failure in its mandate to provide reliable power to the country “unconstitutional”.
Pressure on the government from all sectors of society has been mounting as South Africa enters a second week of Stage 6 load shedding, with no foreseeable end in sight, and mass protest action already spilling on to the streets in some cities.
On Monday, Eskom outgoing CEO André de Ruyter and Public Enterprises Minister Pravin Gordhan were served with a letter of demand from seven high-profile legal firms acting on behalf of UDM leader Bantu Holomisa, Build One South Africa leader Mmusi Maimane, the IFP, the National Union of Metalworkers (Numsa) and six NPOs and business representatives.
The letter, signed by Mabuza Attorneys, emphasises that:
“Failure to provide reliable energy and the constant blackouts are a violation of (a) range of constitutional rights …
“The state is obligated to provide electricity and has failed to do so.
“The 18.65% increase in tariff, in circumstances where no service is being provided, is irrational.”
The legal team said their clients instructed them to demand that load shedding be stopped with immediate effect and, if not, a full explanation of why the government could not stop it.
They demanded a timetable for when load shedding would end, and that the state should develop and make publicly available a clear plan to end load shedding.
“The 18.65% increase granted by the National Energy Regulator of SA (Nersa) will not be implemented pending the determination of the court challenge which our clients intend to institute,” they added.
And the state would “commit to compensate everyone who has suffered quantifiable financial losses because of load shedding”.
De Ruyter and Gordhan have until January 20 to respond, failing which, “papers will be lodged on 23 January for urgent relief”.
Acknowledging receipt on Tuesday, the department said it was “still considering the letter and seeking legal advice on the matter and will respond in due course”.
However, corruption and intimidation were hampering efforts to halt load shedding, its statement read.
“We want to assure the public that everything possible is being done to end or minimise load shedding. However, those who are a part of corruption, intimidation and abuse of procurement practices, or obstruct government’s efforts to clean up each power station of such corruption, will face the full might of the law.
“All South Africans must unite to eliminate this corruption. At the same time, Eskom is in the process of finalising its plans to take further urgent steps to stabilise the power stations’ performance and reliability.“
Meanwhile, the DA has applied to the High Court of South Africa for an interdict to stop the implementation of the tariff increase.
The party’s application seeks to have Nersa’s approved increase declared inconsistent with the Constitution, to have it declared invalid, and to have it set aside. And to have the repeated decisions to implement load shedding declared inconsistent with the Constitution, invalid and set aside.
The DA said the government’s response to the crisis “failed to respect, protect, promote and fulfil the rights in the Bill of Rights, thereby limiting the right to human dignity, the right to life, the right to an environment that is not harmful to health and well-being, the right of access to health-care services, the right to access sufficient water, the right to basic education, and the right to access courts”.
Leader John Steenhuisen said the party would be organising a “Power to the People” march to the ANC’s headquarters at Luthuli House on January 25.
“The march is directed at the party whose corrupt policy of cadre deployment and corrupt tender manipulations have been directly responsible for the crisis we now find ourselves in,” he said.
Protests have started in some parts of the country and on Monday Boksburg residents barricaded roads with burning tyres and rocks. Azapo and the PAC also staged a protest outside the Nersa offices in Pretoria
Eskom has yet to comment on the latest developments after cancelling a media briefing to address the crisis on Monday evening.
Eskom spokesperson Sikhonathi Mantshantsha said: “Unfortunately, Eskom has had to postpone (the) media briefing due to emergency engagements with the president. While we aim to hold the media briefing as soon as possible, the date and time can only be confirmed once meetings with the president are concluded.”