Minister of Public Enterprises Pravin Gordhan has responded to the letter of demand by the litigants planning to sue the state over open-dumping unless it meets certain conditions on Friday, saying it does not leave him enough time to respond.
“Our client has noted the content of your letter and the complexity of the issues and requests raised,” said the response letter, written by the state prosecutor on behalf of the minister.
“Our client, however, does not have enough time to respond fully and you will receive our client’s response when it is quite possible to do so.”
The letter was in response to one issued by Mabuza Attorneys about a week ago to demand the minister, Eskom chief executive Andre de Ruyter and the government as a whole meet certain demands by Friday, failing which the clients will launch a constitutional challenge with respect to load-shedding which is continuous.
A 16-page demand letter sent to Gordhan and De Ruyter by seven potential litigants, including the United Democratic Movement, the Inkatha Freedom Party and South Africa’s Build One movement, asked the state to stop releasing the burden on Friday.
Failing that, he said, the government should provide a full explanation of why this cannot be achieved and that a schedule be provided to show when the power outages will end, with an explanation of the timing.
The party said that the ongoing burden infringes on constitutional rights, including the right to liberty and freedom of trade; for life and health, education, water and basic sanitation as well as for food and a safe environment.
The list of seven demands includes an 18.65% increase in electricity tariffs given to Eskom by energy regulator Nersa “which will not be implemented pending the determination of the court challenge the clients want to take”.
They also asked for a promise that there would be no burden without procedural justice and the opportunity for those affected to make alternative arrangements for electricity supply, and the state agreed to compensate anyone who suffered measurable financial losses due to the burden. – loose.
In addition, they demanded full disclosure of the difficulties encountered in the electricity supply and the details of the financing agreement with the US to move away from coal-burning energy.
“Our client wants to know if there has been any decision taken by the government or anyone to ‘move away from coal’,” the letter said.
“If the matter requested is not granted by January 20, 2023, we are ordered to inform you, as I wish, that the application will be made to a court with competent jurisdiction to secure the appropriate relief. “
Papers will then be placed on Monday, January 23, he said. The parties will be represented by Advocate Tembeka Ngcukaitobi SC.
The litigants include Inkatha Freedom Party, political analyst Lukhona Mnguni, Phiwe Mehlo, owner of Ikasi Farming, a small-scale broiler business farm and supplier to vendors in East London, Ntsikie Mgayiya Real Estate and Zintle Ncalo, director of Fula Property Investment, a printing company and brands in Mthatha.
Eight law firms are involved in the legal challenge.
The Democratic Alliance on Wednesday filed a paper in the Pretoria High Court in which it sought an interdict preventing Eskom from implementing a tariff increase pending the party’s own determination, which is generally the same as a constitutional challenge to ongoing load-shedding.