EFF statement on landmark judgment deeming load shedding a human rights violation
2 December 2023
The Economic Freedom Fighters (EFF) welcomes the ground breaking judgment by the Gauteng High Court, Pretoria, which ordered the Minister of Electricity to exempt all public health institutions, public schools, and police stations from loadshedding. This judgment is a significant victory for the millions of South Africans who have been bearing the brunt of the ANC government's catastrophic failure to address the energy crisis.
The EFF has long argued that loadshedding is a human rights violation that is destroying South Africa. It has disrupted essential services, caused job losses, and even led to deaths. The court's recognition of the human cost of loadshedding is a powerful affirmation of our position.
The applicants in the matter argued that loadshedding was a violation of the Constitution, as it infringed on the rights of South Africans to life, dignity, and freedom. They also argued that the government had failed to take reasonable steps to prevent loadshedding, and that it was therefore liable for the harm caused by loadshedding.
The scathing 66 paged judgment, presented by Judge Norman Davis exposes the ANC government's dismal failure to deal with the energy crisis. Importantly, the court found that the government's neglect of Eskom and its delays in building new power stations have all contributed to the crisis.
The EFF is particularly pleased that the court recognised that loadshedding is not an inevitable fact of history, but a direct consequence of deliberate state action, negligence, and disregard for the obligations of the state under the Constitution. This means that the government has a clear obligation to alleviate the human suffering caused by loadshedding.
The court's order that public health institutions, public schools, and police stations be exempted from loadshedding, from January 2024 onwards, is an important step in this direction. However, there are also immediate steps that need to be taken to protect the poor, the unemployed, and people in less affluent areas from the effects of loadshedding.
The EFF believes that the government has no excuse for ignoring the human cost of loadshedding. As stated by Judge Davis, the Constitution requires that the needs of the poor and marginalised be prioritised in times of hardship. Unfortunately, as the court noted, the government has no strategy whatsoever, nor the will, to end loadshedding or to alleviate the suffering it causes. As we head to the polls in 2024, it is important to take steps to remove this reckless government, and fight for the restoration of our fundamental rights and dignity. The EFF is committed to fighting for the rights of all South Africans, and we will not rest until the ANC government is held accountable for its failures.
Issued by Sinawo Thambo, National Spokesperson, EFF, 4 December 2023
