Transform RSA‚ Numsa appeal against chilling costs order in failed IPP interdict

26 April 2018 - 12:50 By Ernest Mabuza
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Jeff Radebe. File photo.
Jeff Radebe. File photo.
Image: SIBONGILE NGALWA/GCIS

Transform RSA and Numsa found themselves in a R1.5m debt hole after its urgent application to stop the signing of the agreement between minister of energy Jeff Radebe and 27 independent power producers (IPPs) was dismissed with costs.

At the end of March‚ the high court in Pretoria dismissed the urgent application by Transform RSA and the National Union of Metalworkers of SA (Numsa) to halt the signing of the agreements.

Following the judgment‚ Transform RSA and Numsa have asked the high court in Pretoria for leave to appeal against the costs portion of the order. In their application‚ filed last Friday‚ the organisations said the court erred in ordering them to pay costs.

They said they had raised a substantial constitutional issue and were‚ in good faith‚ attempting to prevent organs of state from conducting themselves in a manner not consistent with the Constitution.

They added that both were non-profit organisations.

In their application‚ the organisations said the costs of this matter were substantial because their adversaries briefed senior counsel.

“Costs awards may have a chilling effect on members of society wishing to vindicate their constitutional rights and accordingly an appeal against the costs order in this matter raises important principles‚” they said in their notice.

Transform RSA president Adil Nchabeleng said the estimated legal costs to pay the respondents in their failed bid were around R1.5m.

Numsa said it continued to object to the unilateral signing of IPP contracts into the national grid by the minister of energy.

In a statement on Tuesday‚ Numsa said although it could not interdict the signing of the agreements as the court found the application not urgent‚ it had mandated its lawyers to take this decision on review.

Numsa said there must be a just transition to an energy mix which included renewable energy to prevent job losses in the coal mining sector. It said the signing of the agreements would result in at least 40 000 job losses and would render all the rural towns in Mpumalanga and municipalities into ghost towns.

“The rest we will argue in court‚” Numsa said.

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