Cape Town - President Cyril Ramaphosa, along with Public Enterprises Minister Pravin Gordhan, and embattled Eskom top brass have now been hauled before the courts over their alleged failure to detail government plans to end load shedding, and to not increase the price of electricity.
Other respondents include Public Enterprises Director-General Kgathatso Tlhakudi, the Minister of Mineral Resources and Energy (DMRE) Gwede Mantashe and Director-General Jacob Mbele, and NERSA.
The coalition of opposition parties, unions, civic, faith organisations and individuals including UDM leader Bantu Holomisa, Build One South Africa (“BOSA”) founder Mmusi Maimane and the National Union of Metalworkers of South Africa (NUMSA) had initially penned a letter of demand to some of the respondents before Monday turning to the courts. Gordhan had apparently requested Friday’s deadline be extended.
Bosa spokesperson Sbu Zondi said: “In response to our legal letter of demand at the 11th hour, the attorneys acting for the Minister of Public Enterprises have today (Monday) indicated they require an additional two weeks to respond to the contents of the action.”
This is ultimately what spurred the group to head to the courts, they said. Their move came just a day after Eskom confirmed that load shedding was here to stay for at least the next two years.
“We can today confirm that papers will be served in the North Gauteng High Court, requesting a hearing to take place on Tuesday, February 28, 2023.
The persistent, rolling blackouts that have plagued the nation’s electricity supply since the second half of 2007 have impacted all South Africans, particularly small businesses, healthcare facilities and educational institutions.
The energy crisis has affected South Africa's economic growth and has resulted in job losses, business closures, and increasing inflation.”
In their papers, the organisers have asked the court for an order on three specific reliefs.
“Firstly, that decision by the NERSA taken on January 12, 2023 that Eskom is entitled to recover – via an 18.65 price increase - the amounts of R318 billion from electricity users who are Eskom’s customers in respect of the 2023/2024 financial year is suspended and shall not come into operation.
“Secondly, they are calling for the protection of critical infrastructure from rolling blackouts. The institutions and/or facilities include health, schools, telecommunications, police, water, and SMMEs.
“Thirdly and finally, for the President, the Minister of Public Enterprises and Eskom to – within 7 days of the court order, produce a plan that explains the measures that it will immediately take to ensure compliance with its obligations under section 21(5) of the Electricity Regulation Act 4 of 2006, to ensure that the supply of electricity is not reduced or terminated.”
Ramaphosa’s spokesperson Vincent Magwenya said the Presidency would look at the court papers when it received them and respond as required.
In terms of reports that the President was in talks to halt tariff increases, he added: “The NERSA tariff increase matter is still under discussion, so I can’t comment any further.
However, the president is very much alive to the hardships faced by ordinary South Africans, households and small businesses. He is also equally mindful of Eskom’s funding deficit. Therefore, what he is seeking is some form of balance in the manner and timing in which the tariff increase is applied.”
In his weekly newsletter, Ramaphosa said: “We must be realistic about our challenges and about what it is going to take to fix them. While we all desperately want to, we cannot end load shedding overnight.
“While we cannot end load shedding immediately, what is certain is that if we work together with urgency to implement the Energy Action Plan, load shedding will steadily become less and less severe.
“Through collective action, we will much sooner reach the point where we have enough power to end load shedding altogether.”
Gordhan’s spokesperson Richard Mantu would only say that they had responded to the letter via the state attorney.
NERSA head of Communication, Charles Hlebela said they had not yet received the court papers, but that the regulator cannot review its own decision.
“According to the National Energy Regulator Act, any person may institute proceedings for the judicial review of an administrative action by the Energy Regulator in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).”
DMRE, Tlhakudi and Mbele did not respond to requests for comment by on Monday.
While Eskom did not respond to requests for comment by deadline, outgoing CEO Andre de Ruyter on Sunday said they did not take legal changes lightly; however it would be “practically impossible” to execute calls to immediately end load shedding or no tariff increase on a sustainable basis.
Cape Times