Solidarity files court papers in challenge to state of disaster on electricity crisis
Trade union Solidarity has filed court papers as it set its sights on challenging government's decision to declare national state of disaster as a means to resolve the energy crisis.
The matter will be heard in the High Court in Pretoria on 14 March.
The organisation wants the court to declare the decision as unlawful and irrational.
It comes less than a week after President Cyril Ramaphosa used his State of the Nation Address to declare the energy crisis a state of disaster.
Solidarity CEO Dirk Hermann said the move will set a precedent for future governments to use the Disaster Management Act every time they fail to deliver services to communities.
“If this state of disaster is allowed to continue, a dangerous precedent will be set. This could mean that South Africa will face a future of being a disaster democracy. Government failures, such as failure to deliver water and sewerage services, failing municipalities,
"And other problems can then also be managed by bypassing normal democratic processes by declaring a state of disaster. That was never the intention of disaster management legislation.”
Hermann said the current energy crisis are as a result of the lack of political will by government.
"Solidarity holds the strong view that drastic steps are called for to deal with the electricity crisis. However, the problem lies in the fact that, so far, the government has indeed lacked the political will to do the right things.
“By definition, a state of disaster is an instrument to revoke rights during a time of disaster. Unprecedented powers are granted to the government, and citizens will be left at the mercy of the government’s dealing with the situation."
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