Statement: NUMSA wins High Court case to exempt critical sectors from loadshedding
Electricity Crisis in South Africa
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The National Union of Metalworkers of South Africa (NUMSA) welcomes the decision of the North Gauteng High Court to compel the government to exempt critical sectors of the economy from loadshedding. NUMSA went to court in March on an urgent basis, with 18 other applicants to request the court to stop loadshedding in critical sectors of the economy. The court handed down judgment today and we are pleased that it found in our favour.
The court order compels Public Enterprises minister Pravin Gordhan to take all ‘reasonable steps’ within 60 days from the date of this order to ensure that there is sufficient supply or generation of electricity to prevent any interruption of supply as a result of loadshedding in:
– All hospitals, clinics and other public health facilities as defined by the National Health Act.
– All public schools as defined by the South African Schools Act
– All police stations
It is important to remind the public that President Cyril Ramaphosa refused to take responsibility for loadshedding. In the responding papers filed on his behalf, he claimed that none of the government respondents cited in the case had a constitutional obligation to supply electricity to the public. Ramphosa even had the nerve to blame municipalities for his own failures.
However the court disagreed and found that, “The state was infringing on the fundamental constitutional rights brought about by the failures of organs of state and that appropriate relief is justified”.
This is a victory for the entire country, not just for NUMSA alone, but also for the entire working class.
We must thank the legal team led by Adv. Ngcukaitobi and Mr. Eric Mabuza of Mabuza attorneys for handling this case pro bono and for all the hard work that they put into this case. We are truly grateful for their dedication and their commitment.
As NUMSA we would like to dedicate this victory to Mr Ted Blom the energy analyst who unfortunately passed away this week. Mr. Blom played an important role by assisting us in preparing for this case of national importance. We are deeply grateful for all the wisdom and analysis that he shared with us, and with the community of South Africa at large not just in this case, but in all other matters where he has assisted the union with his expertise. He can rest knowing that his name is recorded in the annals of history.
Aluta continua!
The struggle continues!
Issued by Irvin Jim
NUMSA General Secretary
