eMBALENHLE – The eMbalenhle Residents Association approached the office of the Public Protector to investigate the Govan Mbeki Municipality and National Energy Regulator of South Africa (Nersa) about the electricity crisis in the area.
This came after the association discovered that Nersa has allegedly not conducted audits at the GMM since 2011.
The association said Nersa should be investigated, because it failed to exercise its constitutional obligation which requires them to annually audit all license holders.
The association finds it suspicious that despite the electricity problems in the area, Nersa has not “bothered” to audit the municipality.
According to the association, when the audit was done in 2011, the municipal compliance rating was 29 per cent.
Mr Sipho Nzima, committee member of the eMbalenhle Residents Association, said this is suspicious and that it is time for the law to take its course.
“Nersa’s documents state they must audit all license holders annually. Why were they not auditing the GMM the past years? This is what we want the Public Protector to investigate.
“They are also required to draft an audit report and publish it on their website,” said Mr Nzima
The association also wants the municipal license to distribute electricity to be suspended because of the municipality’s non-compliance to the Nersa license conditions.
They said the license conditions require the license holder to provide quality supply and service, which the municipality is failing to do.
The license also requires that a license holder must maintain ring-fenced accounts for electricity business. A ring-fence is a virtual barrier that segregates part of an individual’s or company’s financial assets from the rest.
It also requires that the holder must prepare and adhere to plans, such as maintenance schedules and a master plan.
The association is of the view that the municipality have failed to adhere to the license condition and therefore their license must be revoked.
“As we speak, our debt to Eskom is nearly a billion rand. How did we get there? We believe that this is due to their failure to ring fence. We suspect that the money received from prepaid users is channelled elsewhere.
“The eMbalenhle substation was built in 1977 to only service three extensions. There is no way that it can have the capacity to supply to the daily growing population in eMbalenhle.”
The association also wants the council to give answers why they have not begun the process of relinquishing the municipality’s electricity license to Eskom as per their resolution dated 29 June.
In the resolution it was resolved that the municipal manager, Mr Felani Mndebele, must begin the process of relinquishing the license as per Section 18(2) of the Electricity Regulation Act, Act 4 of 2006.
An ad-hoc committee comprising five councillors namely, Mr N Zulu, Mr Dan Nhlapho, Mr John Nkosi, Ms Marian Chamberlain and Thabiso Mofokeng, was established to manage the process of relinquishing the license.
They were also tasked to draft terms of reference and that it be tabled to Council for approval.
Mr Nzima his organisation wants to know if this was done.
He said the residents are tired of unproductive protests which often lead to the destruction of infrastructure.
“We do not want to burn things, but hold the municipality accountable. We want the electricity problems solved once and for all.”
The association also approached the Human Rights Commission to intervene in the matter by convening a public consultation where the residents will be given a chance speak out.
