Legal challenges mount for Eskom and Department of Public Enterprises over rolling blackouts

Eskom and the Department of Public Enterprises have confirmed that they received a lawyer’s letter demanding that they end rolling blackouts or explain why it cannot be done.

Eskom spokesperson Sikonathi Mantshantsha said: “Eskom will assess the content of the letter and respond accordingly.”

Richard Mantu, the spokesperson for the Department of Public Enterprises, confirmed that the department had received a letter from Mabuza Attorneys demanding that the department and Eskom make certain undertakings regarding rolling blackouts and the 18.65 % tariff increase granted by SA’s energy regulator, Nersa.

Read more in Daily Maverick: “Gatvol citizens threaten Eskom and government with legal action, demand stop to rolling blackouts”

“The department is still considering the letter and seeking legal advice and will respond in due course. We want to assure the public that everything possible is being done to end or minimise load shedding,” he said.

“However, those who are a part of corruption, intimidation and abuse of procurement practices or obstruct the government’s efforts to clean up each power station of such corruption will face the full might of the law.

“All South Africans must unite to eliminate this corruption. At the same time, Eskom is in the process of finalising its plans to take further urgent steps to stabilise the power stations’ performance and reliability.”

Demands set out

The letter, written by attorney Eric Mabuza, set out a number of demands on behalf of clients who are politicians and businesspeople.

Mabuza will be joined by six other law firms that have received instructions to obtain a court order that SA’s electricity supply must be stabilised “forthwith”.

The legal team has indicated it will file papers with the high court unless the government gives this set of undertakings by Friday, 20 January:

• No rolling blackouts without procedural fairness and a fair opportunity to make alternative arrangements for affected persons and businesses;


• That rolling blackouts will stop with immediate effect, and if not, a full explanation must be provided about why the government is unable to do so;


• Alternatively, the government must provide a specific timetable for when rolling blackouts will end;


• That the state will develop and make publicly available a clear plan to end rolling blackouts;


• That the 18.65% electricity tariff increase granted by Nersa will not be implemented pending the determination of the court challenge;


• That the state will explain what the challenges are that are driving the energy crisis and what solutions are implemented to solve it; and


• The state will commit to compensating everyone who has suffered quantifiable financial losses because of rolling blackouts.

Meanwhile, the Democratic Alliance on Tuesday launched legal action against the government to fight the 18.65% electricity price increase that begins in April. An increase of 12.74% scheduled for April 2024 means a 33.77% hike over the next 16 months.

The party pointed out that electricity prices had increased by about 650% since 2007. Party leader John Steenhuisen said they would ask the court to declare as unconstitutional Nersa’s decision to allow increases over the next two years, as well as ongoing and repeated rolling blackouts.

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The DA will also ask the court to order the government to file a comprehensive plan within 30 days on how it intends to deal with rolling blackouts. This will include short-term, medium-term and long-term plans.

In October 2022, Nersa lost a major legal battle after the high court ruled that the energy regulator’s methods of calculating the municipal prices of electricity were unlawful. Then, the legal team for the Business Chamber argued that the cost of inefficiencies must be deducted from the costs the municipality was trying to reclaim from its electricity prices. DM/MC