The full bench of the North Gauteng High Court in Pretoria is set to hear the legal case brought by the United Democratic Movement (UDM) and 18 others to declare load shedding unconstitutional.
Load shedding court case
The applicants in the matter are the UDM, the National Union of Metalworkers of South Africa (Numsa), the Health and Allied workers Indaba Trade Union (HAITU), Build One South Africa (BOSA), the Inkatha Freedom Party (IFP), the South African Federation of Trade Unions (Saftu), and Democracy In Action (DIA).
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The case involves different arms of government as respondents, including, the Presidency, the National Energy Regulator of South Africa (Nersa), the Department of Public Enterprises (DPE), the department of Mineral Resources and Energy, (DMRE), and the Eskom management and board.
Monday’s court proceedings will be virtual due to the planned national shutdown by the Economic Freedom Fighters (EFF).
The first part of the case is scheduled to be heard from Monday until Friday, and the second part on 23 May.
Part A and B of the case
In Part A, the litigants are seeking urgent interim relief compelling the state to exempt specific sectors of the economy and social services like health, education, courts, and small businesses from load shedding.
In Part B, the applicants seek an order holding the president, as head of the national executive, legally responsible for the human cost of load shedding.
They further want government to be ordered to table a plan, within seven days, on its take steps to end the crippling blackouts.
Constitutional rights
The 19 litigants in the matter have argued that the manner in which President Cyril Ramaphosa‘s administration has responded to the country’s energy crisis has been “unconstitutional and breached several constitutional rights” of citizens as enshrined in the Bill of Rights.
In his answering affidavit, Ramaphosa argued that the litigants’ legal challenge against load shedding was misdirected as part B of schedule 4 to the Constitution placed the duty for electricity and gas reticulation on local government.
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“It is now accepted that municipalities are in law required to provide water and electricity to their people as a matter of public duty.
“This duty does not lie with the president or any of the national departments cited herein as respondents,” said Ramaphosa.
The president further argued that if municipalities failed in their duty to supply electricity to citizens, the Constitution did not allow him to interfere in the executive functions of municipalities.
Compiled by Thapelo Lekabe
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