Judgment on load shedding welcomed

President Cyril Ramaphosa visited Saudi Arabia at the invitation of King Salman bin Abdulaziz Al-Saud, and was hosted in Jeddah by Crown Prince and Prime Minister of the Kingdom, Mohammed bin Salman bin Abdulaziz al-Saud. Photo: The Presidency

President Cyril Ramaphosa visited Saudi Arabia at the invitation of King Salman bin Abdulaziz Al-Saud, and was hosted in Jeddah by Crown Prince and Prime Minister of the Kingdom, Mohammed bin Salman bin Abdulaziz al-Saud. Photo: The Presidency

Published Dec 3, 2023

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Oppositions parties have welcomed the judgment by the Gauteng High Court, Pretoria, instructing the Electricity Minister Kgosientsho Ramokgopa to halt load shedding at the country’s schools, hospitals and police stations by January 31.

The judgment ordered that all public institutions such as hospitals and clinics, public schools and police stations, including satellite stations, be exempted from load shedding.

Earlier this year, various political parties, including Build One SA (Bosa), the UDM and the DA took the government to court in a bid to ensure schools and other public institutions were exempt from power cuts.

Bosa leader Mmusi Maimane said the judgment was a monumental victory against the government, whose actions had resulted in constant power cuts instead of a constant supply of electricity in schools and hospitals.

Maimane said there was no need for Public Enterprises Minister Pravin Gordhan to appeal against an earlier judgment to stop the implementation of load shedding in public schools, healthcare facilities and police stations.

“While rolling blackouts cost the economy billions of rand – and while South Africans sit in the dark and the economy is in free fall – we are delighted that the judiciary acted in the best interests of the people and held this government to account,” his party said.

DA mineral resources and energy spokesperson Kevin Mileham said the latest court order, though potentially unenforceable due to the severity of the crisis, showed that the ANC government was in breach of human rights.

“While the proposed solutions are imperative from a human rights standpoint, it is acknowledged that they may not provide immediate or long-term relief from load shedding,” Mileham said.

“Nevertheless, this moment serves as a powerful testament to the impact of opposition pressure and civil society’s voice in holding the ANC accountable,” he said.

The EFF also welcomed the High Court judgment.

“The EFF has long argued that load shedding is a human rights violation that is destroying South Africa. It has disrupted essential services, caused job losses and even led to deaths.

“The court’s recognition of the human cost of load shedding is a powerful affirmation of our position,” the party said.

Dr Trevor Ngwane, founder of the Soweto Electricity Crisis Committee, in an interview with one of the broadcasters, concurred with political parties and trade unions that had hailed the judgment as a victory for the public.

“This is a victory for the long-suffering masses in South Africa. It is victory for political parties and unions and other community groups which took the government to court ...

|The ANC government has been found guilty of failing to do its job of providing a reliable, uninterrupted supply of electricity. It is a step forward for South Africa, the working class and the poor,” Ngwane said.

Judge Norman Davis delivered a 66-page judgment on Friday afternoon in which he found that the government had dismally failed the country and its people.

Judge Davis declared that the government’s failure to protect Eskom from criminal activity and state capture, which were manifested in the energy crisis and in load shedding, constituted breaches to protect and promote the Bill of Rights.

President Cyril Ramaphosa assured South Africans that his government would take the necessary steps to ensure hospitals and schools are not impacted by rolling blackouts.

Ramaphosa was responding to media questions on the sidelines of the UN COP28 climate summit in Dubai on Saturday.

“The judgment really speaks to what we want to see done. We want our schools, we want our hospitals to have the requisite amount of energy, so for us it's a confirmation of our government programme,” Ramaphosa said.