PHUTI MOSOMANE
THE largest single union in South Africa, the National Union of Metalworkers of South Africa (NUMSA), has filed papers in the North Gauteng High Court to force government to stop loadshedding.
NUMSA General Secretary Irvin Jim said the ANC-led government was not moving swiftly and decisively to stop the destructive rolling blackouts that are sabotaging the economy and people.
Jim said the rolling blackouts have been bleeding the economy, destroying jobs and people’s livelihoods. So far it has cost the economy not less than R1.2 trillion from 2018 to 2022 excluding the current January crisis.
Part of the reasons to go to court, NUMSA sad, was to ensure that the government does not continue to use the electricity crisis as a vehicle to enrich crony capitalists at the expense of the poor.
‘‘We condemn the board, the Eskom executive management and the shareholder which is the ANC government for this mediocre response to an economic catastrophe. In January 2018 we had excess power. But as we sit today, this government has destroyed Eskom to the extent where it cannot even keep the lights on for 24 hours,’’ said NUMSA General Secretary.
NUMSA wants the court, on an urgent basis, to compel President Cyril Ramaphosa, the national government, the minister of Public Enterprises Pravin Gordhan, the minister of Minerals and Energy Gwede Mantashe, NERSA and the Eskom board and management to account for loadshedding.
This is an action involving political parties, civil society, businesses and trade unions.
These organisations include the UDM, Build One South Africa (BOSA), the Health and Allied Indaba Trade Union, Soweto Action Committee, IFP, ActionSA, and SAFTU.
The first part of the application is to seek an urgent order from the court on the following:
1. The state must stop loadshedding in public hospitals, clinics and public schools, electronic communication networks, and any other networks necessary for mobile phone operation, all SAPS buildings, any entity responsible for the supply of water, and micro or very small businesses trading in perishable goods.
2. The court to suspend a decision by NERSA to impose an 18.65% electricity tariff increase.
3. The minister of public enterprises and Eskom be directed to produce a plan that explains the measures to be taken immediately to ensure compliance with their obligations under section 21(5) of the Electricity Regulation Act, and to ensure that the supply of electricity is not terminated.
In the second part of the application, NUMSA is seeking a declaratory order that it be declared that the President of South Africa has failed to respect, protect, promote and fulfil the rights of the Bill of Rights as required by section 7(2) and to uphold, defend and respect the constitution as required by section 83(b) of the constitution.
The parties are also seeking that the court declare that the failure by Eskom and the minister of Public Enterprises, and or the government of South Africa to ensure the provision of an uninterrupted and reliable power supply in terms of section 21(5) of the Electricity Regulation Act, has violated the right to healthcare, equality, dignity, freedom and other rights.
”We are also asking for the court to declare that Eskom has failed to discharge its obligation in terms of section 7(2) of the constitution and their duties under section 21 of the Electricity Regulation Act,” Jim added.
NUMSA said it will be ”mobilizing for rolling mass action in order to defend our energy sovereignty and to defend jobs and the economy.”
The case will be heard on the 28th of February.
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