Court orders Eskom to reconnect power to throttled municipalities

Eskom, which is R450-billion in the red and owed R36.5-billion by state entities and individuals users, is clamping down on bad payers, but its efforts got a knock in court on Wednesday, when it was ordered to restore power to disconnected and throttled municipalities.

Eskom was ordered to restore full power to two municipalities in the Free State and Mpumalanga, after throttling apparently led to untreated sewage leaking into one of Gauteng’s main water sources.

The utility cutting power to a municipality in Mpumalanga had also forced the closure of a clinic, leaving hundreds of patients without access to life-saving medication and treatment.

In handing down the order, Acting Judge Anthony Millar – sitting in the High Court in Pretoria – described the power utility as “the proverbial cholesterol in the municipal service delivery breakdown” in the Ngwathe and Lekwa municipalities, encompassing the towns of Parys and Vredefort as well as Standerton.

The Vaal River Development Association and the Lekwa Ratepayers’ Association took Eskom to court after it moved to cap their power supplies in line with limits previously agreed to with the municipalities. This in response to the actual demands exceeding those limits.

This was not the first time either municipality’s demand had exceeded its limit but it was the first time Eskom applied a throttle in response. In the past, the utility had instead levied a penalty.

As a result of the most recent action, the municipalities were forced to implement their own load shedding. The associations argued this, in turn, led to water reticulation problems and some 200,000 people’s untreated sewage flowing into the Vaal River system.

Eskom’s stance was effectively that this was not its problem, but rather the municipalities’.

Eskom can’t abuse its monopoly on bulk power supply

But Millar in his judgment pointed out that Eskom had a monopoly on bulk electricity supply.

“There is no other supplier that the municipalities could approach,” he said.

Millar pointed to evidence before the court of the throttle’s impact on old age homes and hospitals as well as on water reticulation.

“The consequence, besides the fouling of the river system and its effect downstream, has been a deterioration in the quality of the drinking water of the residents with a commensurate increase in the risk of illness,” he said. He found the throttle was “wreaking havoc on [the] lives of the residents” and that they had a right to sufficient electricity.

“It is self-evident that the supply of electricity is the cornerstone upon which all the realization of other rights is based. Homes cannot be built without electricity. Water cannot be pumped and sewerage reticulation cannot operate without electricity. Healthcare and in particular the operation of a healthcare facility which requires at a minimum running water and electricity to operate essential life-saving equipment cannot be realized without the supply of electricity,” Millar said.

He said while as a state-owned entity, Eskom existed “not only for the purpose of generating income for the state but also for the promotion of the rights of individual citizens”.

In addition to ordering full power be restored, Millar interdicted the municipalities from implementing their own load shedding. This pending a judicial review of Eskom’s action.

Eskom spokesperson Sikonathi Mantshantsha said on Wednesday afternoon that his offices were still studying the judgment.

Lives being put at risk

Meanwhile, chronic patients in the North West were left in the lurch when the utility disconnected power to a clinic due to non-payment.

Residents said the clinic was closed as it could not operate without power, which has put lives at risk as patients on chronic treatment, including TB, HIV, and diabetes are defaulting on treatment.

Buti Dube, a chronic patient at Mmakaunyane clinic, has not taken his medication for two weeks and is worried about his health.

“I have been taking medication for HIV for almost 10 years now and I have not defaulted for this before. I am worried that this will have a severe impact on my health,” the 50-year-old father said yesterday.

According to Shangy Mbekwa, a PR councillor in the Moretele municipality, electricity was disconnected 17 August and the clinic has not operated.

“I was called by patients and staff but when I arrived Eskom technicians had already disconnected power and left. I called all relevant departments but all has been in vain but no one bothers to return my calls,” he said.

Mbekwa said the challenge was that the clinic used a borehole as there was no bulk water supply in the area and medication that was supposed to be stored in refrigerators was compromised.

“It is a desperate situation. Poor, innocent people now have to suffer because someone failed to do their job. We need urgent attention to resolve the situation,” he added.

North West provincial department of health spokesperson, Tebogo Lekhethwane, said power was disconnected to an outstanding R33,514.55 electricity debt but said it was not true that the clinic was closed.

“Mmakaunyane clinic is rendering five days eight hours services and services were not disrupted. Mobile service was dispatched to the clinic today (on Tuesday) just in case there is a disruption. The facility has back up water,” he said.

He said the payment was the delay in the payments, suggesting that Eskom delayed sending invoices and that they have resolved to physically collect invoices from Eskom to cut the delays.

“Eskom required remittance order to reconnect as proof of payment and the same was sent through (on Monday). Mmakaunyane was the only facility affected,” said Lekhethwane.

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