Eskom, government ‘did nothing’ since 1998 warnings of future power constraints

There has been a catastrophic failure on the part of either Eskom or the government to deal with the problem of electricity generation in SA, despite being warned about the impending problem in 1998. 

This was the submission made by ActionSA on Monday in a case brought against Eskom and the government being heard this week in the Pretoria high court. 

The applicants, which include the UDM, National Union of Metalworkers of SA (Numsa), South African Federation of Trade Unions (Saftu), other organisations and several individuals, seek an order exempting schools, health facilities, police stations, small and microbusinesses dealing in perishable goods, electronic communication networks and water provision facilities from load-shedding. 

In the alternative, they want these facilities to be provided with alternative sources of energy such as generators or solar panel systems.  

Bruce Dyke SC, for ActionSA, said a white paper on the energy policy, published by the department of minerals and energy in December 1998, warned that Eskom’s generation capacity surplus would be fully used in 2007. 

“From 1998 until the launching of these papers in January, very little has been done, other than policy statements and plans and then of course the building of two white elephants,” Dyke said, referring to Kusile and Medupi power stations. 

Dyke said more than a decade of blackouts had affected people and the economy negatively. 

“What has been done that is concrete? The question is not whether government is talking since 1998 to address the problem, but rather whether the steps taken were adequate [and] appropriate, given the gravity of the situation which faced the country and which government and Eskom was aware of.” 

Dyke said the question boiled down to whether government failed to take steps, they could and should have, for SA not to be in the position it finds itself now.  

“We say no. We say the omissions of government and Eskom are so egregious and debilitating and so disrespectful of the Bill of Rights, that the time has come for steps to be taken,” Dyke said. 

Dyke added in his papers before court, that President Cyril Ramaphosa said of the 213 hospitals that were considered for exemption from load-shedding, 76 could be exempted immediately and 46 were identified as requiring new infrastructure to allow such exemption.  

Dyke said Ramaphosa’s submission that the 93 hospitals that could not be immediately exempted, remained the focus of Eskom’s medium and long term plans, was unsound.  

“That ignores guaranteed inviolable human rights. It ignores the current humanitarian crisis. The president does not address any further how these citizens should be assisted.  

“Leaving aside the right to life for somebody who is critically injured and requires surgery or another who requires a caesarean section or somebody who is on oxygen and suddenly it is cut, is the entrenched right not to be refused emergency treatment,” Dyke said. 

The matter continues on Wednesday in court when Eskom and the state respondents will present their case. 

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