Political parties, NGOs and businesses take Eskom to court over load shedding

Estimated reading time: 7 minute(s)

While many ordinary South Africans have gotten used to being load shed several time in a day, various NGO’s, businesses and opposition parties have decided that enough is enough and it is probably about time they take action.

There has been several reports about the huge economy costs that has negatively affected small businesses, formal and informal in the country as a result of being load shed and not having financial muscle to find an alternative plan in case of load shedding.

There has been a media report about SC Adv Thembeka Ngcukaitabi being part of a team of legal heads representing several political parties, NGO’s and businesses set to take Eskom and government to court.

This is said to include the United Democratic Movement (UDM), Build One SA leader Mmusi Maimane, policy analyst Lukhona Mnguni, and several small NGOs in the Eastern Cape, Gauteng and Limpopo.

Action SA’s Head of Strategic Litigation Advocate Gillian Benson said they will also be taking a joint legal action against Eskom for persisting energy crisis.

Benson also said that the proposition of declaring the National State of Disaster on energy crisis prompted them to stand up and act taking into consideration the reported corruption and looting of state funds that occurred during the last State of Disaster during the Covid-19 outbrake.

“After almost 15 years of loadshedding it is clear that the ANC government has no plan to resolve the problem, leaving South Africans in the dark. It is our belief that without urgent action from the concerned parties, the government of South Africa will continue to let the ensuing crisis persist unabated.”

“In the court order, we are calling for interim relief from loadshedding for the following:

• All public health establishments as defined in the National Health Act 61 of 2003;
• All public schools as defined in the South African Schools Act 84 of 2006;
• All electronic communication networks as defined in the Electronic Communications Act 36 of 2005;
• The South African Police Service, including police stations as envisaged in the South African Police Service Act 68 0f 1995;
• All entities tasked with the responsibility of providing water in terms of the National Water Act; and
• Micro and small business enterprises that trade in perishable goods and will require the use of electricity to store these goods, as defined in terms of the National Small Enterprises Act 102 of 1996.

Action SA also called more transparency and reasonable notices on the load shedding schedules.