NUMSA, UDM, HAITU, BOSA, ActionSA, SAFTU, IFP, DIA are headed to court on 20 March to stop loadshedding
13 February 2023
The Deputy Judge President of the Gauteng Division of the High Court, Judge Ledwaba, has directed that the matter of United Democratic Movement and 18 Others vs Eskom and the Government of the Republic of South Africa shall be heard on 20 March 2023 to 24 March 2023 by a Full Court.
The initial court date was set for the 28th February but that has been changed to accommodate the full court. The National Union of Metalworkers of South Africa (NUMSA), United Democratic Movement (UDM), Health Workers Indaba Trade Union (HAITU), Build One South Africa (BOSA), the IFP, South African Federation of Trade Unions (SAFTU), and Democracy In Action (DIA) are applicants in the matter.
The case is divided into two parts, being Part A – for interim relief – and Part B – for final relief. In Part A, the applicants submit that the manner in which the government has responded to the crisis of loadshedding is unconstitutional and breaches several constitutional rights. The applicants argue that loadshedding has become a pressing human rights concern. The government’s response has undermined the fundamental rights of citizens.
Evidence has been produced as to the impact of loadshedding in hospitals, schools, small and medium businesses, telecommunication services and a range of other critical sectors of the economy which cannot function during the periods of loadshedding. The applicants further argue that bearing in mind that loadshedding is not an inevitable fact of history, like Covid-19, but has been directly caused by deliberate state action, negligence of the state, and general disregard to the obligations of the state under the Constitution, there is an obligation on the state to alleviate the human suffering, which has been caused by loadshedding.