Joint Legal Action by ActionSA and Others to End Eskom Loadshedding Gets Under Way

Today saw the first day of proceedings in the landmark joint legal action instituted against the Department of Mineral and Energy Resources, the Department of Public Enterprises, and the Government of the Republic of South Africa, over Eskom’s failure to provide South Africa with a stable energy supply.

The case has been brought by ActionSA, UDM and 17 others, and seek to declare the ANC-led government’s response to loadshedding unconstitutional and in breach of numerous fundamental human rights, inter alia.

ActionSA is seeking limited relief to exempt certain sectors, such as educational and healthcare facilities, from load-shedding. This includes:

  • All healthcare facilities, inclusive of state run facilities;
  • All public schools as defined in the South African Schools Act 84 of 2006;
  • The South African Police Services, including police stations as envisaged in the South African Police Service Act 68 of 1995;
  • All entities tasked with the responsibility of providing water in terms of the National Water Act.

These facilities are considered central the right to life and should be excluded from loadshedding as a matter of urgency.

While today’s hearings took place virtually owing to safety concerns related to the EFF’s National Shutdown, from Wednesday the 22nd of March 2023, the matter will continue in person at the North Gauteng High Court in Pretoria. ActionSA President, Herman Mashaba, and the Leadership look forward to joining our legal team at court on Wednesday morning at 09:30 to support this important effort to hold the ANC government to account.

After almost 15 years of loadshedding it is clear that the ANC government lacks the will to resolve the crisis, leaving South Africans in the dark. Daily, we are advised of the “plans” to “fix” loadshedding, yet we see no implementation of any appropriate and long-term solution to eradicate the abject failure that loadshedding is. It is our belief that without urgent intervention, the government will continue to let the ensuing crisis persist unabated.

We are hopeful that the judiciary will come to the aid of South Africans, by finally forcing the ANC led government (and its parastatal, Eskom) to meet their Constitutional obligations, owed to the citizens of this country.