Eskom faces legal action as it addresses challenges

File Picture: Ehteshamul Haque Adit/UnSplash

File Picture: Ehteshamul Haque Adit/UnSplash

Published Jan 22, 2023

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Mpho Makwana, chairperson of the Eskom board on Sunday said the Eskom coal fleet will take two years to reach the desirable energy reliability factor and there will be permanent load shedding between levels 2 and 3 in that period.

Mpho Makwana and outgoing CEO Andre de Ruyter on Sunday provided an update on the implementation of energy action plan after the country reached stage 6 load shedding in recent weeks.

Makwana said Eskom was fixing systematic issues in leadership, organisational culture and poor organisational controls to return its credibility to the levels that saw it awarded the global energy utility company of the year in 2001.

De Ruyter apologised for load shedding and the disruption to the daily lives of all citizens.

He said Eskom was in discussions with the national crisis committee to find solutions.

He explained that the Eskom system is likely to remain constrained for the whole of 2023.

“The possibility of stage 8 is receding but there is always an inherent risk and need to protect diesel and coal reserves.

“Municipal debt is approaching R57bn and this compromises the ability to buy diesel and other issues.”

Meanwhile, a team of lawyers led by Tembeka Ngcukaitobi is expected to file papers in court this week for urgent relief against load shedding and a Nersa-approved tariff hike.

Last week UDM leader General Bantu Holomisa, Mmusi Maimane founder of the Build One South Africa movement, the IFP, Numsa, policy analyst Lukhona Mnguni, Phiwe Mehlo, Ntsikie Mgayiya and NPOs asked a team of lawyers to issue a letter of demand to public enterprises minister Pravin Gordhan over load shedding and to stop the 18.65% tariff hike given by Nersa to Eskom.

The lawyers include Eric Mabuza of Mabuza Attorneys, Mphahlele & Masipa Inc Buthelezi Vilakazi Inc, Makangela Mtungani Inc, Mketsu & Associates Inc, Madlanga & Partners Inc and Ntanga Nkuhlu Inc Attorneys.

The DA, Solidarity and Sakeliga have also indicated that they will approach the courts separately with the country’s official opposition party planning a march to the ANC headquarters Luthuli House on January 25 to protest against load shedding.