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Gordhan to lodge 'urgent appeal' against loadshedding exemption ruling

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Gordhan to lodge 'urgent appeal' against loadshedding exemption ruling

Public Enterprises Minister Pravin Gordhan
Photo by Reuters
Public Enterprises Minister Pravin Gordhan

8th May 2023

By: News24Wire

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Government will lodge an urgent appeal against a ruling that it prevent loadshedding for schools, healthcare facilities and police stations within 60 days.

This step is to avoid "undue risk" to the country's grid, according to a statement issued by the Ministry of Public Enterprises on Monday.

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The North Gauteng High Court in Pretoria made the ruling to exempt these facilities of loadshedding last week Friday. The application was originally lodged by the United Democratic Movement, Inkatha Freedom Party, Action SA, the National Union of Metalworkers and 15 others. They sought for hospitals and clinics, 23 000 public schools and police stations to be exempt from loadshedding, along with water and sanitation services, small businesses that deal with perishable goods and cellphone networks. The judgment, however, only focused on education, health and policing facilities, News24 reported.

The judgment noted that where it is impossible to isolate embedded buildings and spare them from loadshedding, Public Enterprises Minister Pravin Gordhan must ensure that generators and other alternate energy supplies are secured to ensure uninterrupted power.

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In a statement, Gordhan said that the Department of Public Enterprises had "serious concerns" about the implications of the court ruling on the current efforts to stabilise the national grid and to get the country out of loadshedding.

"The department has studied the ruling and has determined through legal advice that the prudent step to take is to lodge an appeal to set aside the ruling and allow for the ongoing efforts to end loadshedding to proceed without putting undue risk on the country’s grid infrastructure," Gordhan said.

"While the department respects the independence of the courts, in this case the department believes that the judgment would have unintended consequences and undermine the very efforts to balance the protection of the rights that were ventilated in this case, with the need to stabilise and protect our grid infrastructure," Gordhan said.

The decision comes following statements by presidency spokesperson Vincent Magwenya that an appeal would be "very likely".

Economists meanwhile have expressed doubts that government would be able to abide by the court order, for practical reasons.

"It seems very expensive and thus almost impossible," said Johann Els, Old Mutual Investment Group chief economist. Els believes that with an appeal – that would likely go to the Constitutional Court – any final decision or implementation regarding the ruling wouldn't happen this year.

Peter Attard Montalto, managing director of research and consulting firm Intellidex, also doesn't see the ruling materialising. "It won't happen as it will be appealed. It's completely impossible practically or fiscally to do it in 60 days, and the state lacks the competence to do it in any reasonable amount of time," he said. Montalto noted that the appeal would bring to the fore the importance of constitutional rights and fiscal realities.

Judgment was reserved on Part B of the ruling, where applicants want the court to issue an order to hold President Cyril Ramaphosa legally responsible for the human cost of loadshedding. 

In a statement following the ruling, one of the applicants, the South African Federation of Trade Unions, highlighted that the long-term relief is for loadshedding to be declared a "violation of human rights" such as the right to equality, the rights to life and education and the freedom of economic activity. 

"It is clear that loadshedding violates the rights of the general population in the country. In particular, its impact on the lives and rights of the overwhelming working-class majority is devastating. 

"Unlike the economic elite, the working class cannot afford alternative sources of energy for their household heating and cooking," said general secretary Zwelinzima Vavi.

He added that many public institutions, such as hospitals, clinics and schools, do not have backup generators, and those that do have generators do not have the budgets to fuel them. He raised concerns that loadshedding is causing unemployment, disrupting education at schools and even causing the loss of life at hospitals.

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