The case brought by the UDM and 18 others against the Government and Eskom on the protracted and crippling blackouts will be heard by the full bench of Gauteng Division of the High Court on 20 to 24 March, the Deputy Judge President Judge Ledwaba has ruled.
Applicants on the case against the government and Eskom including UDM, Numsa, Saftu, the IFP among other parties are also challenging the manner in which government has responded to the challenges brought about by load shedding that have not only created job losses, but has decimated South Africas’ economy like never before since 1994.
The applicants argue that load shedding has become a human rights issue and the government’s response to it has undermined our fundamental rights as citizens.
They produced evidence to support their argument on the impact power cuts have had on hospitals, schools, small and medium enterprises, telecommunication services and a whole range of other critical sectors of the economy which cannot function without electricity.
The applicants argue that bearing in mind that load shedding is not an inevitable fact of history, like Covid-19, but has been directly caused by deliberate State action, negligence of the State, and general disregard to the obligations of the State under the Constitution, there is an obligation on the State to alleviate the human suffering, which has been caused by loadshedding.
The relief sought by the applicants, who represent nurses, doctors, and small businesses, is in the first instance that the government has a responsibility to prevent the humanitarian catastrophe which has been directly caused by loadshedding.
“Load Shedding impacts the poor. the unemployed, and black people in less affluent areas in ways that cannot be prevented, except by governmental support and intervention. To prevent the human cost of load shedding, which the government has ignored, the applicants ask for compliance with the Constitution, which requires that in times of hardship, the needs of the poor and marginalised must be prioritised.
“Unfortunately, the practical reality shows that the government has no strategy to shield the poor against loadshedding, or to alleviate the suffering which has been caused by loadshedding.
“The applicants thus ask for a general exemption in specific sectors of the economy and social services: health, education, police stations, courts, small and medium enterprises, agriculture and food production and telecommunication services.
“The manner in which this must be done will be left to the government. but it is worth noting that the government has not hesitated to declare certain areas in which its own ministers live as loadshedding free zones. The applicants point out that if this is possible for Ministers, it must be possible for the poor”.
The applicants also seek an order holding the President. as head of the national executive legally responsible for the human cost of load shedding. The President’s primary responsibility is to have effect on the Constitution and the Bill of Rights, they say.
“While there has been much talking in government. The reality has been that load shedding has escalated, rather than decreased. Now the country faces the real prospect of a total blackout, as evidenced by the government’s own declaration of state of national disaster.
“The applicants shall seek an order declaring that the President and his government have failed to respect, protect, promote and fulfil the rights of citizens in the manner in which they have responded to the crisis of load shedding, which the government is responsible for in the first place”.
The applicants are also concerned about the impact of load shedding on employment and pointed out that Eskom’s current and outgoing Chief Executive Officer, Andre de Ruyter, has presided over the period of the worst load shedding and it is clear that he has failed to end the blackouts, as his primary responsibility demanded.
“We say that De Ruyter’s deliberate strategy of closing down coal power stations and units in certain power stations, without alternatives which can generate a similar amount of electricity, has contributed to load shedding.
“While the government claims that it will not close down power stations, the evidence on the ground shows the contrary.
“Our view is not opposed to Independent Power Producers which is what the government has decided. Nor are we opposed to green energy sources if they can be found and operate at the same level as the power stations which are sacrificed.
“But the country needs clarity as to the specific actions that are being taken by the government to bring power stations into operation. We need to know the budget, the steps being taken, the time it will take to bring the power stations back into production.
“The country needs to know how the green energy sources will address the issue, which every engineer now agrees is at the heart of the problem, the baseload. All South Africans are urged to support the cause”.
The UDM said it resources are limited but it is confident that they are fighting a just cause and added that they were grateful to their counsel Tembeka Ngcukaitobi SC, Reghana Tulk, Retha Richards, Yusuf Peer, Michael Gwala, Mosima Rasesemola for taking on the case.
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