Providing electricity not government’s job argues Ramaphosa

President Cyril Ramaphosa has argued in court papers that neither he nor national government is constitutionally obliged to provide electricity to South Africans.

Instead, Ramaphosa says municipalities “are in law required to provide water and electricity to their people as a matter of public duty”.

The president made the assertions in court papers filed in reply to a legal challenge brought by the United Democratic Movement (UDM) and 18 others against the rolling blackouts implemented by Eskom.

Load shedding legal challenge

The UDM – including other opposition parties, civil society organisations, and the National Union of Metalworkers of South Africa (Numsa) – have brought the legal challenge against load shedding before the North Gauteng High Court.

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They have cited Ramaphosa, Eskom, Mineral Resources and Energy Minister Gwede Mantashe, and Public Enterprises Minister Pravin Gordhan as respondents in the unprecedented legal action.

The 19 litigants argued that the manner in which Ramapphosa‘s administration has responded to the country’s energy crisis has been “unconstitutional and breached several constitutional rights” of citizens as enshrined in the Bill of Rights.

The first part of the case is scheduled to be heard by the full bench of the high court on 20 March, and the second part on 23 May.

In Part A, the litigants are seeking urgent interim relief compelling the state to exempt specific sectors of the economy and social services like health, education, courts, and small businesses from load shedding.

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In Part B, the applicants seek an order holding the president, as head of the national executive, legally responsible for the human cost of load shedding.

They further want government to be ordered to table a plan, within seven days, on its take steps to end the crippling blackouts.

Electricity and gas reticulation

In his answering affidavit, Ramaphosa argued that the litigants’ legal challenge against load shedding was misdirected as part B of schedule 4 to the Constitution placed the duty for electricity and gas reticulation on local government.

“It is now accepted that municipalities are in law required to provide water and electricity to their people as a matter of public duty.

“This duty does not lie with the president or any of the national departments cited herein as respondents,” said Ramaphosa.

The president further argued that if municipalities failed in their duty to supply electricity to citizens, the Constitution did not allow him to interfere in the executive functions of municipalities.

Compiled by Thapelo Lekabe

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