Residents win against Eskom
She said both parties in her view have failed the public at large.
LYDENBURG – “Who says that a small group of concerned citizens cannot change the world? Indeed, it’s the only thing that ever has.”
This quote by the anthropologist, Margeret Mead is indeed what transpired when a two-year court battle between three local combined business chambers, Eskom and Thaba Chweu Local Municipality (TCLM), was won by the chambers on Thursday March 7.
https://steelburgernews.co.za/244293/breaking-eskom-will-cut-power-town/
The case lodged against Eskom and TCLM by the business chambers of Lydenburg, Sabie and Graskop was concluded last week with the business representatives being victorious in their fight against Eskom’s power cuts to these towns.
There were two reviews before the High Court last week, one brought by the three chambers of commerce against TCLM and another brought by Resilient Properties Propriety against eMalahleni Municipality. The business chambers’ case was lodged in 2017 when Eskom first cut the power to these towns on account of non-payment by TCLM.
The chambers have since then battled this case which was referred to the High Court in Pretoria. Judge Wendy Hughes said during the verdict that the decision of Eskom to schedule interrupted electricity cuts is reviewed and set aside.
Hughes said the constitutional duty rests with the municipalities, having been provided with bulk electrical supply from Eskom, to provide electricity in an economical and sustainable manner to the end users, being the applicants (chambers/ residents).
“In this case, emanating from this culture of non-payment adopted by the municipalities, they failed to adhere to the prescripts of the Constitution and were remiss in their statutory duties. The conduct and culture of non-payment of both municipalities are contrary to the legislation and Constitution,” Hughes said.
She said both parties in her view have failed the public at large. “On the one hand we have the delinquent municipalities and on the other we have Eskom having not been paid by the municipalities opting to deprive the public of basic services in terms of the Constitution and Bill of Rights.
https://steelburgernews.co.za/241843/eskom-confirms-power-cut-real-threat/
“In conclusion, it is evident to me that Eskom and the municipalities failed to adopt the dispute mechanism at their disposal in terms of the Intergovernmental Relations Framework Act (IRFA).” The defendants were also ordered to pay the costs of the applicants, the one paying the other to be absolved.
Capt Gwilym Reese, chairman of the Sabie Ratepayers Association told Steelburger/Lydenburg News that a different outcome would have severely damaged the economies of Sabie, Graskop and Lydenburg. “The matter was initiated by Sabie and we stayed the course, even though the previous municipal manager punished our community for doing so. “It must be remembered that this was a total team effort that would not have been possible without York Timbers and the sterling efforts of the legal team. The outcome must have far-reaching implications for other small towns across South Africa,” Reese said.
INFO BLOCK
The newspaper contacted TCLM and asked it to comment on the outcome of the court verdict.
Themba Sibiya, communications manager of TCLM, said this judgement was a relief for everyone including the municipality, but it does not in any way imply that the institution should stop honouring the debt.
“We are currently seeking intervention from South African Local Government Association (Salga) and the Department of Cooperative Governance and Traditional Affairs (Cogta) to assist in arranging round-table discussions on a new and more affordable payment plan which would include waiving interest and penalties on the account.”
Sibiya said electricity theft is still a huge problem for TCLM. “The illegal connections are removed as and when identified, and municipality is in the process of formalising the informal settlement mushrooming due to a massive influx of people immigrating into the town for work and other economic opportunities. Once the referred process is concluded, all new formalised households will be accurately billed.”
