Nersa acknowledges load reduction violates human rights amid rising complaints

The National Energy Regulator of South Africa (Nersa), has admitted that load reduction, a measure implemented to reduce power shortages, violates the human rights of communities.

Nersa made its submissions to the South African Human Rights Commission’s investigative inquiry on the impact of load reduction on human rights at The Capital Empire Sandton on January 4.

The inquiry follows growing public complaints about load reduction, which is claimed to disproportionately affect poorer areas, despite the suspension of load shedding.

Concerns have been raised about its impact on human rights, including the rights to life, equality, dignity, education, and healthcare.

Also read: City of Joburg reacts to Nersa’s electricity tariff increase

In response to questions about its role in protecting consumers, Nersa’s regulatory specialist Vuyiswa Magubane said Nersa’s dual function is to enforce technical compliance from licensees while ensuring consumer protection.

Evidence leaders argued there was no connection between non-payment and grid overloading, to which Magubane agreed. However, she clarified that overloading occurs when infrastructure is used beyond its design limits, typically due to illegal connections rather than non-payment.

“So, in a scenario where we have two classes of non-payers, one can have a grid that is connected to the homes, you can have people who are not paying, but the grid is overloaded,” Magubane said.

Magubane added that load reduction exists within a broader context of social and economic inequality.

“There is no single solution to this problem. Various organisations, including the government, play a crucial role in addressing wider socioeconomic factors such as unemployment, poverty, and inequality. If we want to reverse some of the social ills we see in middle-income nations,” she said.

During the inquiry, Magubane also raised the impact of illegal connections on electricity infrastructure. She said while this is a major factor, even legal demand often outstripped capacity.

Also read: Joburg begs for three-day loadshedding exception

The Soweto Electricity Crises Committee and United Front member, Trevor Ngwane, explained load reduction as energy racism, arguing that it mostly affects townships and villages, amounting to geographical profiling.

Ngwane said black working-class communities bear the brunt of crises caused by inclement weather, poorly maintained infrastructure, mismanagement, and corruption.

“There was a shift, managing the grid and shouldering the burden of the crisis was redirected to black working-class areas. In our research, we analysed the notice issued by Eskom about load reduction, which stated that load reduction is done in overpopulated areas,” he said.

Divisional commissioner for visible policing and operations Lt-General Maropeng Mamotheti said load reduction also increases the chances of criminal activity against communities.

“When load reduction happens, community members are left in the dark, and vulnerable to criminals who make use of the opportunity to conduct criminal activities. We also get affected, as the fuel that we should be using for the vehicles we then have to redirect to the generators, so, the load reduction affects us cost-wise,” said Mamotheti.

Energy expert Chris Yelland said load reduction is not violating rights, but rather it is a problem of infrastructure.

“I would say maybe the practice of the way we invest in South Africa is an infringement of human rights. But the practice of load reduction, the way we practice it, is just a technical matter,” Yelland said.

South African Human Rights Commission commissioner and chairperson of inquiry Tshepo Madlingozi said the complaints that they’ve received from community leaders and civil society is that load reduction is amount to energy racism. It is targeted at black communities. There’s no transparency.

“From a human rights perspective, the significance of this inquiry is really to understand whether there are legal justifications for load reduction, or is it a bounce to energy apartheid, as someone said.

“So, after we’ve had testimonies from everyone, over the course of three days, we’ve also received written submissions from a number of people, over 20 people. We are going to be putting that all together, looking at that, in comparison with the constitution, international law, and so forth, and then come to a determination.

“Is load reduction a form of energy racism, or are there justifications for it? And then, finally, make clear recommendations for either putting an end to load reduction, or proposing some mitigation measure,” Madlingozi said.

The last day of the inquiry will be held at The Capital Empire Sandton on February 18 and the Minister of Electricity Kgosientso Ramokgopa is expected to appear before the commissioners to provide his testimony.

Follow us on our Facebook, X, Instagram and TikTok pages. Join our WhatsApp group for any story ideas you may have.

Related article: Powerless Buccleuch takes their fight to Eskom