PHUTI MOSOMANE
NUMSA’s General Secretary, Irvin Jim, has welcomed the decision of the North Gauteng High Court to force government to exempt critical sectors of the economy from load shedding.
“We are pleased that it found in our favour,” Jim said.
In March of this year, NUMSA, along with 18 other applicants, urgently approached the North Gauteng High Court to request that the government halt load shedding in essential sectors of the economy.
The high court handed down the judgment on Friday.
The court’s order directed Public Enterprises Minister Pravin Gordhan to take all “reasonable steps” within 60 days from the date of the ruling to guarantee sufficient supply or generation of electricity to prevent any interruptions in supply caused by load shedding.
Specifically, the order applied to the following critical sectors:
- All hospitals, clinics, and other public health facilities as defined by the National Health Act.
- All public schools as defined by the South African Schools Act.
- All police stations.
Jim emphasized the importance of reminding the public that President Cyril Ramaphosa had refused to take responsibility for load shedding crisis at Eskom.
In response to the case, Ramaphosa’s legal team claimed that none of the government respondents had a constitutional obligation to supply electricity to the public, and he even blamed municipalities for his failures. However, the court’s judgment clearly disagreed with this stance. The court ruled that the state was infringing on the fundamental constitutional rights of citizens due to the failures of state organs, and that appropriate relief was necessary.
Jim celebrated this judgment as a victory for the entire country, not just NUMSA or the working class.
“[President Cyril] Ramaphosa even had the nerve to blame municipalities for his own failures. However, the court disagreed and found that, “the state was infringing on the fundamental constitutional rights brought about by the failures of organs of state and that appropriate relief is justified,” said Jim.
He expressed gratitude towards the legal team, led by Adv. Tembeka Ngcukaitobi and Mr. Eric Mabuza of Mabuza Attorneys, for handling the case pro bono and working tirelessly.
“We must thank the legal team led by Adv. Tembeka Ngcukaitobi and Mr. Eric Mabuza of Mabuza attorneys for handling this case pro bono and for all the hard work that they put into this case. We are truly grateful for their dedication and their commitment,” he said.
He also dedicated the judgment to the late Ted Blom, an energy analyst who had played an instrumental role in preparing for the case.
Blom had shared his expertise and analysis with the union and the wider South African community, and Jim expressed gratitude for his contributions.
“Mr. Blom played an important role by assisting us in preparing for this case of national importance. We are deeply grateful for all the wisdom and analysis that he shared with us, and with the community of South Africa at large not just in this case, but in all other matters where he has assisted the union with his expertise. He can rest knowing that his name is recorded in the annals of history. Lala ngoxolo Ted Blom,” he said.
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