Opposition political parties, such as the UDM, IFP and Mmusi Maimane’s Build One SA, and trade unions, among them Numsa, have joined hands in a bid to lodge civil process against Minister of Public Enterprises Pravin Gordhan over the Eskom crisis.
The group, led by Mabuza Attorneys, is demanding there be no load shedding without procedural fairness and a fair opportunity to make alternative arrangements to affected persons and businesses.
The Star has seen a letter detailing some of the effects load shedding has had on the lives of businesses, schools and on ordinary South Africans since the country has been plunged into darkness amid stage 4 and stage 6 load shedding at the beginning of the year.
The group is also demanding the 18.65% tariff increase granted by Nersa should not be implemented pending the court challenge which they intend to institute.
This class action comes a week after Nersa granted Eskom's revenue application of 18.65% after lengthy deliberations by the electricity subcommittee.
It is reported households and businesses will be paying for this increase as early as April 2023.
Eskom initially applied for a massive electricity hike in June 2021, amounting to a recovery of R351 billion from Eskom's standard and non-standard tariff customers. Nersa subsequently signed off on R318 billion, which equates to an 18.65% tariff increase.
Numsa spokesperson Phakamile Hlubi-Majola said the premature closure of power stations has been a factor in the rolling blackout the country has been experiencing in recent months.
“The premature closure of power stations is contributing to load shedding because we are reducing capacity and energy supply. We demand that the department of energy must explain the rationale of this senseless decision to close power stations when we desperately need energy to keep the economy running. To make matters worse, we know that millions of workers and their families along the coal value chain will suffer job losses and increased poverty if coal fired power stations are closed,” she said.
Political parties and lawyers said they want to force Eskom and the minister of public enterprises to find a lasting solution to the ongoing power cuts.
Their class action comes just when advocate Tembeka Ngcukaitobi was also pursuing a class action lawsuit as well.
The firms, which include Mabuza Attorneys, have been instructed to demand that the supply of electricity is stabilised.
The group have argued that load shedding has created job losses, uncertainty in the economy and destroyed livelihoods, crime, inability to trade, breach of constitutional duties among many other aspects of life.
The group wants the minister to come up with a clear plan to end load shedding and the reversal of the tariff increase while also being more transparent in its endeavours.
“That load shedding will stop with immediate effect, and if not, a full explanation about why government is unable to stop load shedding. We are instructed to a specific timetable as to when load shedding will end, and the reasons for the said timetable,” the lawyers demand.