ActionSA opposes Eskom and government’s appeal on load shedding judgement
27 March 2024
ActionSA’s lawyers rigorously opposed the South African Government and Eskom’s application for leave to appeal brought at the North Gauteng High Court in Pretoria on Wednesday to appeal the landmark judgement handed down by the Full Bench of the North Gauteng High Court on 1 December 2023. This judgment declared load shedding unconstitutional and ordered the Minister of Electricity – together with organs of state – to ensure that electricity supply was ensured for public schools, hospitals, and the SAPS.
Eskom, the President and the Minister of Electricity specifically want to appeal sections of the ruling which ruled in favour of ActionSA’s request that hospitals, schools and police stations be exempted from experiencing rolling blackouts and allege that the judgment is too “vague”.
Instead of addressing the concerns raised by the court ruling – including that load shedding infringes on the basic constitutional rights of South Africans – and protecting the most vulnerable against the power crisis through exempting schools, police stations and hospitals, the President, the Minister and Eskom, have rather decided to spend taxpayer’s money to appeal the ruling.
It is well documented how communities across South Africa have been adversely affected by load shedding when police stations’ telephone lines don’t work, hospitals fail to take care of sick patients when the lights go off, or studies are interrupted at schools when they fail to have access to power. Government alleges in the appeal that there is “insufficient evidence” to demonstrate this obvious fact. It is our duty to protect these crucial services and it is deeply concerning that the President, the Minister, and Eskom simply do not care.