Chambers say ‘no more’
This chamber said the continued failure by TCLM to address the Eskom issue has left the chambers with no resort but to approach the High Court in Mbombela as an alternative means of intervention.
LYDENBURG – The business chambers of Sabie, Graskop and Lydenburg/Mashishing have joined forces and are taking all responsible parties for the power interruptions to court.
The chambers said they have in the past tried to engage with Thaba Chweu Local Municipality (TCLM) to resolve the matter, but were met with a total lack of cooperation. TCLM, Eskom and seven other parties have 15 days to oppose the notice of motion. According to the chambers, the engagements with Eskom and the Department of Cooperative Governance and Traditional Affairs (Cogta) have not achieved the desired outcome.
“This has further been exacerbated by the municipality’s blatant lie, by assuring the community through its media statement dated October 23, that it ‘successfully managed to negotiate with the power giant not to effect more hours of load-shedding than the current schedule’.
This was followed by Eskom’s media statement that stated that the duration of supply interruptions to TCLM will be increased by an additional two hours per day, effective from October 25,” the combined chambers said. Leon de Jager of Lydenburg/Mashishing Business Chamber said the process of uniting the chambers started on October 16. “It was a combined effort to bring those responsible to task. Because the whole Thaba Chweu region was being affected, we thought it would be wise to unite as a joint force.”
This chamber said the continued failure by TCLM to address the Eskom issue has left the chambers with no resort but to approach the High Court in Mbombela as an alternative means of intervention.
In the motion, of which the newspaper received a copy, it states: “Unfortunately, without this court’s intervention, this highly defective process will be allowed to achieve an irrational and devastating outcome which could never be constitutionally permissible. Eskom’s impugned decision is capricious. The times that Eskom has chosen to cut off supply are designed to have the maximum detrimental effects on households.”
De Jager said the court application was submitted on Tuesday. “The first court date is set on October 31. The nine parties have 15 days to react, and if need be, oppose the court application. The application is against TCLM, the municipal manager of TCLM, the executive mayor of TCLM, the CFO of TCLM, Eskom, Nersa, the minister of energy and the MEC and minister of Cogta.”
The chambers said in the first part of the request, it was asking the court to grant an order whereby the municipality must pay R79,5 million (as requested by Eskom) within five days of the date of the court order. “We also requested that Eskom restore the full supply of electricity to the municipality and may not terminate or interrupt such supply pending Powers that be are taken to court the finalisation of the relief.
“The parties who wish to oppose were given until 12:00 on October 27 to submit their affidavits giving reasons why they oppose the application. If the court grants the order, as set out in the request, TCLM and Eskom will have to comply with the court order, failure of which will result in contempt of court.” The chambers will request the court to declare Eskom’s decision to interrupt the supply of electricity to TCLM inconsistent with the Constitution of South Africa, and therefore invalid.
De Jager said residents must keep in mind that no one has a magical wand and that the situation will not suddenly disappear. “This is a process that must be followed. We will, however, keep residents informed of the process regarding the application and the outcome thereof.” A petition against the disconnections has also recently been launched in Lydenburg and will also be launched in Sabie and Graskop. The chambers said they urged all residents to sign it as the future of these towns lay in their hands.
