PHALABORWA – After years of campaigning for accountability over ongoing electricity outages in Phalaborwa, local civic group Let’s Change Ba-Phalaborwa (LCBP), with support from AfriForum, has secured a significant legal victory.

The Pretoria High Court recently granted a mandamus order compelling the National Energy Regulator of South Africa (Nersa) to take action against the Ba-Phalaborwa Municipality (BPM).

The court order requires Nersa, which is responsible for licensing municipalities to distribute electricity, to convene a tribunal to investigate BPM for allegedly violating its licence conditions.

LCBP has long accused the municipality of neglecting Phalaborwa’s aging electricity infrastructure, which has resulted in frequent and prolonged power outages. Despite repeated attempts to engage with BPM and propose solutions, LCBP’s efforts were ignored, according to the group’s spokesperson, Rodger Ferguson.

In 2022, LCBP escalated the matter to Nersa, inviting the regulator to assess the situation firsthand.

Following a site visit, Nersa acknowledged that BPM was in breach of its licensing terms and recommended forming a forum to implement corrective measures. However, LCBP claims these efforts stalled as BPM often failed to attend meetings or sent unqualified representatives.

LCBP submitted detailed demands to BPM, including a comprehensive and realistic plan for upgrading the town’s power infrastructure, integration into the municipal Integrated Development Plan (IDP), clear timelines, and consideration of private sector involvement. None of these proposals was acted upon.

Frustrated by the lack of progress, LCBP and AfriForum took the matter to court in 2024, arguing that both BPM and NERSA were failing in their duties, BPM for mismanaging the system, and Nersa for failing to enforce accountability.

“This is an important victory,” said LCBP in a statement. “It could ultimately result in the municipality being stripped of its electricity distribution licence and a new service provider appointed.”

LCBP added that while the court order is a major milestone, their work is far from over: “This is just the beginning. Our goal is to restore Phalaborwa to its former state and ensure reliable services for all residents.”