Presidency says media ‘misrepresenting’ Ramaphosa’s load shedding court papers

The Presidency has moved to clarify statements made by President Cyril Ramaphosa in court papers filed in reply to a constitutional challenge brought by the United Democratic Movement (UDM) and 18 others against load shedding.

Load shedding

This after Ramaphosa, in his answering affidavit before the North Gauteng High Court, said neither he nor national government was constitutionally obliged to provide electricity to South Africans.

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The president further said municipalities “are in law required to provide water and electricity to their people as a matter of public duty”.

In a statement on Tuesday, the Presidency accused the media of making a “gross misrepresentation” of Ramaphosa‘s court papers.

Presidency spokesperson Vincent Magwenya said the president was merely clarifying his constitutional powers and responsibilities – as well as other government bodies – when it comes to electricity provision in the country.

“It seeks to clarify important legal issues about what is contained in and what is required by the Constitution,” said Magwenya.

He said Ramaphosa’s statement about municipalities being constitutionally obliged to provide electricity to South Africans did not, in any way, diminish his commitment to end load shedding as a matter of urgency.

‘Far-reaching measures’

Magwenya said since taking office in 2018, Ramaphosa had “undertaken far-reaching measures” to resolve an electricity crisis that stretches back more than a decade.

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These included – among others – reviving the renewable energy procurement programme, providing incentives to businesses and households to invest in rooftop solar, undertaking a debt-relief arrangement for Eskom of R254 billion, and declaring a national state of disaster on the energy crisis.

“These and other measures are clearly outlined in the same affidavit from which certain media outlets have selectively and inaccurately quoted.”

State of disaster regulations

Almost three weeks since Ramaphosa declared the national state of disaster to respond to the country’s energy crisis, government finally published the regulations related to the Disaster Management Act.

Cooperative Governance and Traditional Affairs (Cogta) Minister Dr Nkosazana Dlamini Zuma signed the new regulations into law on Monday, and they were published in the Government Gazette.

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According to Cogta, the regulations are meant to minimise and provide relief to South Africans from the disruption of rolling blackouts on livelihoods, the economy, policing functions, national security, food security, and services such as education, health, water and security, communications and municipal services, among others.

The regulations are also expected to provide measures to enable the connection of new generation of electricity and to improve Eskom’s plant performance during the period of disaster.

However, it remains unclear how long will the national state of disaster will last, but the ANC-led government has set an ambitious target to end load shedding by December this year.

Load shedding legal challenge

Meanwhile, the UDM and 18 other litigants – including some opposition parties, civil society organisations, and the National Union of Metalworkers of South Africa (Numsa) – remained unconvinced by government’s efforts to end the crippling rolling blackouts.

They argued in court papers 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 North Gauteng High Court on 20 March, and the second part on 23 May.

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