Gordhan to file urgent appeal against high court ruling on load-shedding

The public enterprises department will appeal a Pretoria high court judgment ordering the government to ensure public hospitals, clinics, schools and police stations are shielded from load-shedding, minister Pravin Gordhan said on Monday.

The interim order handed down on Friday and which must be implemented within 60 days, states the minister “shall take all reasonable steps ... to ensure there shall be sufficient supply or generation of electricity to prevent any interruption of supply as a result of load-shedding”.

The judgment came after an application brought by 19 organisations, including opposition parties, NGOs and individuals. 

Gordhan said the department would lodge an urgent appeal to set aside the judgment. 

He cited “serious concerns about the implications of the ruling on efforts to stabilise the national grid and get the country out of load-shedding”.

“The department has studied the ruling and has determined through legal advice that the prudent step to take is to lodge an appeal to set aside the ruling and allow efforts to end load-shedding to proceed without putting undue risk on the country’s grid infrastructure.

“While the department respects the independence of the courts, in this case the department believes the judgment would have unintended consequences and will undermine the efforts to balance the protection of the rights ventilated in this case with the need to stabilise and protect our grid infrastructure,” Gordhan said.

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