Last battle in Eskom war in Court

The power utility is taking this last step after its appeal was dismissed in the Supreme Court of Appeal on December 29 (Steelburger/Lydenburg News: Thursday January 14).
In court affidavits, Eskom stated that TCLM had failed to adhere to the prescripts of the constitution and were remiss in its statutory duties; the conduct and culture of non-payment are contrary to the legislation and constitution, it said.
The lengthy court battle started in 2017 when York Timbers and Sabie Ratepayers Association filed on behalf of the Lydenburg/Mashishing Business Chamber and the Graskop Chamber of Commerce and Tourism.
On March 15 the High Court found in favour of TCLM and the chambers, and said Eskom’s decision was unlawful to cut the bulk electricity. It ruled in TCLM’s favour with no cost.
Eskom appealed this judgement on August 28 at the Supreme Court of Appeal. On December 29, the Supreme Court of Appeal deputy president Xola Petse stated that Eskom had attempted to coerce municipalities to pay when they were unable to do so.
The verdict stated that Eskom had failed to comply with its constitutional and statutory obligations to make every reasonable effort to settle the dispute that arose between it and the municipalities about the implementation of its decision to interrupt the supply of bulk electricity.
“The legal team, which has been with us since 2017, has done an exemplary job and they have agreed to represent us at the Constitutional Court at no cost. They say Eskom doesn’t have a case.
“Their arguments are not very strong and they doubt that they have the likelihood of winning in the Constitutional Court. That said, we are hopeful this will be the end of the long litigation,” said Gwylim Reese, chairperson of the Sabie Ratepayers Association.