Solidarity heads to court to oppose 'irrational and unnecessary' state of disaster

'The decision-making that led to a ban on warm chicken meals and flip-flops wants to take decisions about the energy crisis without proper oversight'

10 February 2023 - 12:44
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Solidarity has announced that it will challenge in court the government's decision to declare the energy crisis a state of disaster. Stock photo.
Solidarity has announced that it will challenge in court the government's decision to declare the energy crisis a state of disaster. Stock photo.
Image: 123RF/loganban

Trade union Solidarity has announced it will be taking legal action against the energy crisis being declared a state of disaster

During his state of the nation address (Sona) on Thursday, President Cyril Ramaphosa declared a national state of disaster to help the government deal with the energy crisis that has seen a malfunctioning Eskom frequently plunge the country into darkness.

Ramaphosa also announced he will appoint a minister of electricity in the presidency.

Solidarity said it will be heading to court to challenge the move and force the government to do the right thing.

Dr Dirk Hermann, Solidarity's CEO, said its legal team has started to prepare urgent court documents that will be served on the government in the coming days.

“The message to the government is simple: we will solve it ourselves — move out of the way and allow us to do this,” he said.

Solidarity reacted with shock at the announcement by Ramaphosa to deal with the energy crisis.

“Poor central control landed us in this crisis. Such poor control in even more measures will not get us out of the crisis. Everything the president announced in the state of the nation address can already be implemented by using existing legislation.

“The harsh reality is that the instruments to solve the crisis are already at the president’s disposal — he chooses not to use them. Therefore, a state of disaster is irrational and unnecessary and leaves Solidarity with no option but to litigate,” Hermann said.

A state of disaster will not end the energy crisis any faster but will open the door to major abuse of power again, he said. 

“This is a lose-lose situation. We dare not allow a repeat of the government’s abuse of power that occurred during the Covid-19 state of disaster. The decision-making that led to a ban on warm chicken meals and flip-flops wants to take decisions about the energy crisis without proper oversight.”

According to Hermann, no amount of legislation will be able to rectify “uselessness and incompetence”. He said a state of disaster is equal to giving an incompetent builder a bigger hammer and will not lead to better construction, but rather to more damage.

“Over the past 16 years the government has shown that they cannot resolve the energy crisis. Instead of stepping out the way and allowing the private and community sectors to solve the problem, the government again insists on trying to take control through the state of disaster.

“It has not been effective during the past two decades. It will not be effective now, either.”

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