Public Enterprises Minister Pravin Gordhan responded to a demand letter from litigants who plan to sue the state for load reduction unless it meets certain conditions by Friday, saying it did not leave him enough time to respond.
“Our client has taken note of the content of your letter and the complexity of the issues and demands raised,” said the reply letter, written by the state attorney on behalf of the minister.
“Our client, however, does not have sufficient time to respond fully and you will receive our client’s response when reasonably possible.”
The letter comes in response to one issued by Mabuza Abogados about a week ago to demand that the minister, Eskom CEO Andre de Ruyter and the government as a whole meet certain demands by Friday, otherwise, its clients would launch an appeal for unconstitutionality in relation to the load shedding in progress.
The 16-page demand letter sent to Gordhan and De Ruyter by seven potential litigants, including the United Democratic Movement, the Inkatha Freedom Party and the Build One South Africa movement, called on the state to halt the reduction of charges by Friday. .
If not, they said, the government should provide a full explanation of why this cannot be achieved and that a timetable be given to indicate when the continued power cuts will stop, with an explanation of the timeframe.
The parties said that the ongoing charge-off violated a plethora of constitutional rights, including the rights to liberty and free trade; to life and health, education, water and basic sanitation, as well as food and a safe environment.
Its list of seven demands included that an 18.65% electricity rate increase recently awarded to Eskom by energy regulator Nersa “will not be implemented until the court challenge our customers intend to institute is determined.”
They also called for a commitment that there will be no load shedding without procedural fairness and an opportunity for those affected to make alternative arrangements for power supply, and that the state commit to compensating anyone who has suffered a quantifiable financial loss as a result of load. -shedding.
In addition, they demanded full disclosure of the difficulties encountered in supplying electricity and details of a financing agreement with the US to move away from coal-based power.
“Our clients demand to know if the government or someone has made a decision to ‘switch from coal,’” the letter said.
“In the event that the requested undertakings are not provided by January 20, 2023, we are directed to inform you, as we hereby do, that an application will be filed with a court of competent jurisdiction to obtain appropriate relief. “
The documents would then be filed on Monday, January 23, they said. The parties would be represented by Attorney Tembeka Ngcukaitobi SC.
Potential litigants include the Inkatha Freedom Party, political analyst Lukhona Mnguni, Phiwe Mehlo, owner of Ikasi Farming, a small-scale commercial broiler farm and supplier to hawkers in east London, Ntskie Mgayiya Real Estate. and Zintle Ncalo. , the director of Fula Property Investment, a printing and branding company in Mthatha.
Eight law firms are involved in the likely legal challenge.
The Democratic Alliance filed papers in Pretoria’s high court on Wednesday seeking an injunction barring Eskom from implementing the rate increase pending determination of the party’s own, largely similar, constitutional challenge to the reduction of charges. in progress.
