A group of lawyers and political parties led by Mbuza Attorneys have written a letter of demand to the minister of public enterprises, Pravin Gordhan, and Eskom demanding an end to load shedding.
He demanded that no burden should be released without procedural fairness and a fair opportunity to make alternative arrangements for affected people and businesses.
The client
Their clients include the leader of the United Democratic Movement (UDM) – Bantu Holomisa, the founder of Build One South Africa – Mmusi Maimane, and the Inkatha Freedom Party (IFP).
The group is also demanding that the 18.65% tariff increase imposed by South Africa’s National Energy Regulator (Nersa) not be implemented.
Request
The request comes as the country continues to experience blackouts that force South Africans and businesses to buckle under load pressure.
The group said continuous blackouts had “disrupted” the country’s electricity supply since about the second half of 2007.
“Persistent blackouts have become so common and their destructive effects are so ubiquitous that electricity, once an accessible commodity, is now a reserve for the wealthy.”
“It cannot be disputed that the state, represented by the Ministry of Public Enterprises and Eskom, is not taking adequate steps to provide vulnerable South Africans with adequate and reliable energy, whether electricity or other alternative energy.
Thus, the state has violated its duty to provide energy as stipulated by the Constitution, laws and national contracts,” he said.
Also read: ‘Change government to save SA from reducing burden’ – Holomisa
The right to power
The group added that ordinary South Africans have a right to power or alternative sources of power.
“Eskom was created to give effect to that right. The impact of a unilateral reduction in load capacity is to withhold electricity from municipalities, which cannot distribute power to ratepayers who fall within their districts, undermining many constitutional rights.
Legal action
A group of lawyers said they intend to pursue a court challenge if their demands are not met.
“If the requested matter is not granted by January 20, 2023, we are ordered to inform you, as I expect, that the application will be submitted to a court of competent jurisdiction to secure the appropriate relief.”
“If we are forced to carry out the process that will be carried out, the paper will be submitted on January 23, 2023 for emergency aid,” he said.
On Monday, Presidential spokesperson Vincent Magwenya said the deepening energy crisis had forced President Cyril Ramaphosa to cancel a working visit to the World Economic Forum (WEF) in Davos.
Read the request letter:
Eskom replied
Eskom spokesperson Sikonathi Mantshantsha confirmed that the parastatal had received a letter of demand from Mabuza Attorneys.
“Eskom will assess the content of the letter and respond,” said Mantshantsha.
Also read: Slight relief for South Africans as burden eases