DA to approach High Court for interdict against Eskom tariff hike.

By Lehlohonolo Lehana.

The Democratic Alliance (DA) will head to the High Court to interdict the 18.6% electricity tariff hike that was recently granted by the National Energy Regulator of South Africa (Nersa) to Eskom last week.

DA leader John Steenhuisen said South Africans, who have already had to spend a third of 2022 in darkness and are burdened with indefinite Stage 6 load-shedding, are now expected to also pay for the looting and mismanagement of Eskom through exorbitant tariff increases.

In a virtual address, he announced the party’s action plan against Nersa’s 18.65% electricity tariff hike and the ongoing load-shedding crisis.

Steenhuisen said it was becoming clear President Cyril Ramaphosa and his ANC government would not act in the interests of the citizens of this country, including protecting them from blackouts and unaffordable electricity tariffs, unless the DA took drastic steps such as approaching the High Court.

He argues that electricity tariffs have already increased by more than 650% since the energy crisis started in 2007, which, he says, is quadruple the inflation rate over the same period.

The DA’s lawyers will ask the High Court to have Nersa’s decision be declared inconsistent with the Constitution of South Africa, declared invalid, and to have it set aside.

“Considering the worsening energy crisis and the National Energy Regulator of South Africa to grant Eskom unaffordable tariff increases of 18.65% for the 2023/24 financial year and a further 12.74% for the 2024/25 financial year, I can announce that I have instructed our lawyers to apply directly to the high court for an interdict to stop the implementation of this tariff increase.”

The party also wants loadshedding to be declared inconsistent with the Constitution and therefore invalid, and to have these decisions set aside.

He added the time for writing letters to the ANC-led government was over. 

“It’s now time to take this government head-on. South Africans who have already spent a third of 2022 in darkness and are now burdened by a worsening stage 6 load shedding crisis are now also expected to pay for the looting and the mismanagement of Eskom through these higher tariffs,” said the DA leader.

The interdict will also try to have the government’s response to the ongoing energy crisis declared inconsistent with the Constitution and invalid.

“To have government’s response to the crisis declared as having failed to respect, protect, promote and fulfil the rights in the Bill of Rights, thereby limiting the right to human dignity, the right to life, the right to an environment that is not harmful to health and well-being, the right of access to healthcare services, the right to access sufficient water, the right to basic education, and the right to access courts,” Steenhuisen said.

The party will also ask that the court direct government to file, within 30 days, a comprehensive plan, including short-term, medium-term and long-term steps, to avert the energy crisis.

Steenhuisen also invited South Africans to join his party on a march against the ongoing energy crisis to the African National Congress headquarters in Luthuli House in January 25

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