Govt must take ‘reasonable steps’ to exempt essential sector from power cuts - court
The High Court in Pretoria has ruled that government must take “reasonable steps” to exempt hospitals, police stations, and schools from load shedding.
This as the country continues to experience daily planned power cuts as Eskom struggles to produce enough electricity to keep the lights on.
The judgment was delivered in an application by a broad coalition of political parties and labour unions which wanted the court to force the government to end load shedding with immediate effect.
On Friday the high court delivered Part A of the judgment which ordered the government to ensure an uninterrupted power supply to the essential sectors.
"Pending the final determination of Part B of the application in case no in respect of users of electricity, whether supplied directly by Eskom or by local authorities, the Minister of Public Enterprises shall take all reasonable steps within 60 days from the date of this order,” the judgment read.
"Whether in conjunction with other organs of state or not, to ensure that there shall be sufficient supply or generation of electricity to prevent any interruption of supply as a result of load shedding to the following institutions and/or facilities.
"All public health establishments as defined in the National Health Act 61 of 2003, including publicly owned hospitals, clinics, and other establishments or facilities., all public schools as defined in the South African Schools Act 84 of 1996.
ActionSA, which is one of the applicants, wants the court to declare load shedding unconstitutional.
"The legal victory ensures that communities across South Africa will no longer be subject to the failures of the ANC and Eskom, which have left our communities at their mercy when hospitals, police stations and schools lose electricity during increasing levels of load shedding," said the party’s Gillian Benson.
"After almost 15 years of load shedding it is clear that the ANC government lacks the will to resolve the crisis, leaving South Africans in the dark. It is our belief that without urgent intervention by our Courts, the government will continue to let the ensuing crisis persist unabated."
Part B is enrolled for a hearing in September.
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