Power disruptions to Newcastle would have cost Lanxess a loss of R100-million every month, which would have taken a devastating toll on its 250 employees and their families.
While the plant does have back-up generators, it would not suffice to drive the 12 megawatt plant for more than a month or two.
Eskom’s legal representative, Advocate Sidwell Shangisa questioned why Lanxess had not approached the court for relief, which would enable it to pay for electricity directly to Eskom.
Responding to Lanxess’ application to seek costs against Eskom, Shangisa, said:
“Lanxess cannot choose its allies among the three state organs. If it is aiming criticism it ought to be aimed properly.”
In response, Advocate Laurens Combrink said, “My client [Lanxess] is not here to make friends and influence people.”
“It picked a target. That target was Eskom, which wanted to switch off its power… If the municipality wanted to switch off power to Lanxess, we would have locked horns with them. It’s as simple as that. It was not, as Eskom suggested, to hold the hands of a delinquent municipality. We are an independent party protecting its own interest and we exercised that right because Eskom should have complied with the provision of PAJA.”
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