The long-awaited court case that residents of Bethal and eMzinoni brought forward against Govan Mbeki Municipality and other stakeholders began on Tuesday, August 31, via virtual court proceedings.
GMM, Gert Sibande District Municipality, Eskom and other relevant parties saw their day in court for failure to provide a basic service to paying consumers.
The judge and GMM
In the court proceedings, High Court Judge Lindiwe Vukeya, asked GMM’s advocate how many times a day residents are being “deprived” of electricity in 24hours.
“It is not a daily thing, it depends on the usage of electricity.
“There are days where there is implemented power cuts,” said GMM’s defence.
Judge Vukeya went on to say that she had read in the finding affidavit that residents go without electricity for as long as 16 hours.
GMM’s defence responded by saying that this statement is not correct.
Judge Vukeya asked the defence why they are refusing interference if the people are struggling so much and being deprived of a basic service.
Referring to the power outages, GMM’s defence council said: “It is not as long as one would say. It is a question of three to four hours at a time. It is on a rotational basis.”
Judge Vukeya said that in this particular case there is evidence from the applicants’ side that there are no notifications of the implemented load-shedding and that residents face the power being switched off with no idea as to how long they would be without electricity.
“They are losing a lot in terms of electrical appliances and food,” said Judge Vukeya.
She said residents are calling for a solution and are asking the court to push GMM to negotiate with Eskom on a proper settlement agreement that will suit them and will be in their best interest.
“What is so difficult about this? The people are not going out and striking, throwing stones and burning cars at this moment. They want fair negotiations,” said Judge Vukeya.
GMM’s defence said they understand this and that the relevant parties are in arbitration.
GMM is proceeding with arbitration between them and Eskom, which is set down to be heard on September 26.
GMM is disputing the amount of the debt owed to Eskom.
Judge Vukeya asked GMM’s defence what their challenges are?
“You serve the community, if you go in arbitration with anyone who infringes or report to infringe the right to their society, they have the right to the outcome of the arbitration,” said Judge Vukeya.
She said the very people who are paying for their services have a right to be informed by GMM regarding the arbitration.
“It is not true that the community is not aware. We do hold meetings with the community to update them. They are very much aware of our challenges,” said GMM’s advocate.
GSDM washes their hands
Gert Sibande District Municipality’s defence said: “The primary responsibility lies with the first respondent (GMM) who has a relationship with the fifth respondent (Eskom). We have no responsibility in respect of the provision of electricity to eMzinoni and Bethal.
“We are not responsible for the provision of electricity. This case has always been against the first respondent. You have a case, but this case is not against us, we are merely contractors to the first respondent,” said GSDM’s defence.
The defence argued that GSDM has taken steps, provided and played open books and have nothing to do with the supply of electricity.
“We contend that the applicants’ case against us should be dismissed and dismissed with costs,” they said.
MacRobert Attorneys are prepared
In response to the day’s proceedings, Mr Waseem Gani of MacRobert Attorneys, representing the group Bethal and eMzinoni Community for Services (Becs), said that a week before the hearing of the matter, GMM filed an application to introduce a new affidavit into evidence.
“We believe that GMM belatedly filed this affidavit to either get a postponement of the matter or for the court to simply dismiss the application on the basis that the dispute with Eskom relating to the debt and the electricity supply is already pending before the arbitrator.
“Although the fact that Eskom and the municipality are finally at the table dealing with the debt and the electricity crises, which is good news for us, to leave them unchecked to resolve the crises would be unwise,” said Mr Gani.
Before the hearing, MacRobert Attorneys prepared a draft order for the court taking into account the pending arbitration proceedings.
“We believe that the parties must be under court order, the court must supervise the process and GMM and Gert Sibande District Municipality must still report to us and the court on the progress of the arbitration proceedings, the debt with Eskom and all steps taken or progress made relative to the electrical supply situated within the relevant areas.
“We further sought leave to approach the court again on the same papers, if it turns out that no progress is forthcoming,” said Mr Gani.
Mr Gani said that as predicted, the municipalities were not happy with this and the matter proceeded for argument before Judge Vukeya.
The matter was argued and judgement was reserved.
Becs is hopeful
The Ridge Times has since reached out to Mr Ziyaad Dangor, media spokesperson for Becs, who said: “As South African citizens we have a right to basic services. GMM has been discharged with the right to supply services to the paying community of Bethal which they have failed to do for various reasons.
“GMM is not honouring their payment agreements and in turn are making the residents of Bethal suffer, which is totally unconstitutional and incorrect,” said Mr Dangor.
He said that GMM is to blame for all of this and that their attorney has made a request to the court, that when judgement is passed, that GMM or GSDM or Eskom must report to the community on updates and progress in the future.
“GSDM defence said they have nothing to do with Bethal’s electricity.
“Hence our advocated had asked GSDM’s defence, did they not sign a contract with Enpower Machite and ringfenced Bethal’s electricity and taken over for a period of five years of which their defence responded no, they are merely assisting GMM,” said Mr Dangor.
He said it is the pointing of fingers.
“They are blaming each other. GSDM is blaming GMM and GMM is blaming Eskom,” said Mr Dangor.
He said GMM’s attorney claimed that there is nothing wrong with the electrical infrastructure of Bethal and load-shedding is solely due to lack of NMD from Eskom.
“Once again GMM is not taking any responsibility for the disservice to paying Bethal and eMzinoni residents,” said Mr Dangor.
Mr Dangor believes that there is a great sense of hope that judgement will be in favour of the residents of Bethal and eMzinoni.
