Johannesburg - The deputy Judge President of the Gauteng division High Court, Judge Ledwaba, has granted opposition political parties, such as the UDM, IFP, Mmusi Maimane’s Build One SA, and Numsa, a court date for their matter against Eskom.
This civil case has been rescheduled for hearing before the full court from March 20 to 24, after originally being scheduled for February 28.
The case will be in two parts, with the first part seeking interim relief from load shedding and the second part seeking final relief, arguing load shedding was unconstitutional and a violation of human rights, respectively.
The political parties recently joined forces in a bid to lodge a civil lawsuit against Minister of State Enterprises Pravin Gordhan over the Eskom crisis.
The group, led by Mabuza Attorneys, is demanding there be no load shedding without procedural fairness and a fair opportunity to make alternative arrangements for affected persons and businesses. The Star has seen a letter detailing some of the effects load shedding has had on the lives of businesses, schools, and ordinary South Africans since the country was plunged into darkness amid stage 4 and stage 5 load shedding since the start of the year.
The group is also demanding the 18.65% tariff increase granted by Nersa not be implemented, pending the court challenge that they intend to institute.
In a statement issued on Monday, they said they had evidence that proves that load shedding is unconstitutional and has become a human rights catastrophe, and they want Eskom to exempt public hospitals, schools, and police stations from load shedding.
The parties also want to hold Ramaphosa, as head of state, directly responsible for the human cost of load shedding.
"Now the country faces the real prospect of a total blackout, as evidenced by the government’s own declaration of the national disaster. The applicants shall seek an order declaring that the president and his government have failed to respect, promote, protect, and fulfil the rights of citizens in the manner in which they have responded to the crisis," the parties say in their statement.
Last week, during his state of the nation address, President Cyril Ramaphosa admitted that the impact of load shedding has become an existential threat to the country’s economy and subsequently declared it a national state of disaster.
"The energy crisis is an existential threat to the economy and to the fabric of our society," he said. "Our most immediate priority is to restore electricity."
"The state of disaster will enable us to provide the practical measures that we need to take to support businesses in the food production, storage, and retail supply chain, including for the rollout of generators, solar panels, and uninterrupted power supplies," he said.
The Star