Auspicious judgement in the High Court in Gauteng reached the ears of residents in Standerton on Friday, 28 August amid the sighing of relief and general high-fives among the Lekwa Ratepayers Association.
The association took Eskom, the Lekwa Municipality, National Energy Regulator (Nersa), Minister of Energy, Premier of Mpumalanga and MEC of Cooperative Governance and Traditional Affairs (CoGta) to court about load shedding.
In essence, the association argued that the notified maximum demand (NMD) of 55MWA is not due to capacity constraints.
“Our infrastructure is more than capable of handling up to 80MWA.”
A recent statement outlined it as being a situation corresponding with many neglected government-owned properties, requiring maintenance, for which residents do not have to take responsibility.
“Regardless of who is to blame, taxpayers’ livelihoods should not have to suffer directly because of a government-owned entity and a municipality’s inability to come to terms with debt and penalties.”
Eskom opposed the application for an interim order to restore electricity supply at a level enjoyed before it was reduced to within the NMD, on the basis of contractual arrangements.
Point 24 in the judgement refers to the greater industrial demand, including the poultry industry, colliery and coal transporting node.
The effects of the treatment of sewage, as well as extraction of drinking water from the Vaal River, were noted.
In point 40 the Acting Judge AJ Millar, said inter alia that the right to be supplied with sufficient electricity, to meet the most basic threshold of the individual rights in the Bill of Rights, must at least be a prima facie right.
Eskom is to increase, alternatively restore the maximum electricity load supply to Lekwa to the level supplied before their implementation of 55MVA.
The municipality is further interdicted from implementing rotational load shedding permitted on a limitation linked to the notified maximum demand of 55MVA.
It is however, an interim interdict pending finalisation of the application and final adjudication in terms of the Promotion of Administrative Act 3 of 2000.
Ratepayers shared their views on their Facebook-page on 28 August, saying power is to be restored in Standerton to full capacity.
They also commented on the past few months, describing it as gruelling.
All the contributors in the legal battle and supporters were thanked, as well as the legal team, specifically Messrs Andreas Peens and Danie Wijnbeek.
The chairman, Mr Fanie Potgieter, said that although they are relieved, it is only the first step in many steps to get the town back to whtat it used to be.
WhatsApp-messages to the communications manager of the municipality, Ms Thobeka Mtshiselwa, were sent on respectively 15 August, 22 August and again on Monday, 31 August.
Readers will be informed once more information comes to light.
