By Lehlohonolo Lehana.
The United Democratic Movement (UDM) and 18 other litigants – including some opposition parties, civil society organisations, and the National Union of Metalworkers of South Africa (Numsa) – are unconvinced by government’s efforts to end the crippling rolling blackouts.
They argued in court papers 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.
The case is divided into two parts, being Part A – for interim relief – and Part B – for final relief. In Part A, the applicants submit that the manner in which the government has responded to the crisis of load shedding is unconstitutional and breaches several constitutional rights. The applicants argue that load shedding has become a pressing human rights concern. The government’s response has undermined the fundamental rights of citizens,” according to Numsa.
The applicants are seeking an acknowledgement from government of the state’s duty to prevent “the humanitarian catastrophe which has been directly caused by load shedding”, stated the union. They are further demanding a general exemption from rolling blackouts for specific sectors of the economy and social services, such as health, education, police stations, courts, small and medium enterprises, agriculture and food production and telecommunication services.
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.
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.
The first part of the case was heard by the full bench of the North Gauteng High Court on 20 March, and the second part on 23 May.
Watch live in the video below:
Video Courtesy of JRSA.