Cape Town - The Green Connection and the Southern African Faith Communities’ Environment Institute (SAFCEI) have initiated legal proceedings in efforts to force President Cyril Ramaphosa to bring Section 6 of the National Energy Act (NEA), 2008, into operation.
The court application also calls on Mineral Resources and Energy Minister Gwede Mantashe to develop an Integrated Energy Plan (IEP) in terms of that Section.
The energy crisis is currently the subject of several court cases, as civil society organisations, unions and opposition parties also initiated legal proceedings against Eskom and Public Enterprises Minister Pravin Gordhan, seeking to put a stop to the 18.65% tariff increase by NERSA, put an end to load shedding, and hold the government accountable for its failure to provide electricity to the nation.
While the DA said it was also planning to apply for an interdict to stop the implementation of the increase.
According to Green Connection and Safcei, the presidency and the minister are required to provide a record detailing why Section 6 has not yet been brought into operation, within 15 days.
They argue that decision-makers have been carrying out energy planning without a proper legal framework because while Section 6 of the National Energy Act (2008) was passed by parliament, it has never been brought into operation by the President.
The organisations further argue that the lack of a proper updated energy plan lies at the root of the country’s current energy problems.
The purpose of the Integrated Energy Plan (IEP) developed under Section 6 of the Act, is to integrate economic, environmental, political, and social interests and set the context in which energy-related decisions should be made.
The organisations said previous attempts to engage Ramaphosa on this issue proved fruitless.
The Green Connection’s Kholwani Simelane said: “Section 6 of the Act requires the Minister in the Department of Mineral Resources and Energy (DMRE) to develop and then, on an annual basis, review and publish the Integrated Energy plan (IEP), all of that with public participation.
“Section 6 also requires that IEP takes into account various important issues and other government plans, as well as having a 20-year planning horizon.”
“How can we even try to solve this problem of energy supply, including providing electricity to the people of this country, people who have no other option but to rely on what government supplies, without a plan that has been developed in terms of energy legislation?”
In terms of relief, they seek declaratory orders to advise the president to bring Section 6 into operation and declare his failure to do so unlawful.
Approached for comment, spokesperson for Ramaphosa, Vincent Magwenya said: “(The) Presidency will go through the court papers and respond accordingly.”
The DMRE did not respond to requests for comment by deadline on Wednesday.
Cape Times