Several high-profile lawyers, leaders, and NPOs have threatened Eskom CEO Andre de Ruyter and Public Enterprises Minister Pravin Gordhan with legal action following their failure to provide a stable power supply to the country.
The letter issued to Gordhan and De Ruyter on Monday, was addressed by Mabuza attorneys and at least six other law firms- Buthelezi Vilakazi Inc, Makangela Matungani Inc, Mketsu & Associates Inc, Mphahlele & Masipa Inc, Madlanga & Partners Inc, and Ntanga Nkuhlu Inc Attorneys.
The firms represent 10 clients that include UDM President Bantu Holomisa, Build One South Africa Mmusi Maimane, IFP, the National Union of Mineworkers of SA (NUMSA), Researcher at Rivonia Circle Lukhona Mnguni, Ikasi Farming owner Phiwe Mehlo, real estate agent Ntsikiie Mgayiya, Zibuyisile Sibiya CEO of the Circle, Mastered Seed Foundation and Zintle Ncalo the director of Fula Property Investment.
The group led by Mabuza Attorneys, is demanding that there be no load shedding without procedural fairness and a fair opportunity to make alternative arrangements to affect persons and businesses.
The group is also demanding that the 18.65% tariff increase granted by Nersa should not be implemented pending the court challenge which they intend to institute.
Eskom and Gordhan have until 20 January to respond to the letter to avoid legal action.
“If we are compelled to bring proceedings which we hope to avoid, papers shall be lodged on 23 January 2023 for urgent relief,” the lawyers stated.
“It cannot be disputed that the state, as represented by the ministry of public enterprises and Eskom, has not taken any reasonable measures to provide vulnerable South Africans with adequate and reliable energy, whether electricity or any other alternative forms of energy.
“In so doing, the state has contravened its duty to provide energy as imposed by the Constitution, national legislation, and contract.”
Presidency spokesperson Vincent Magwenya said on Monday that President Cyril Ramaphosa cancelled his trip to Davos because of the seriousness of the situation.
Source: News24, Engineering News, Sowetan Live, Times Live, Eyewitness News, image from Twitter: @MadiBoity