Page 5 - AfrElec Week 08 2023

AfrElec COMMENTARY AfrElec

Businesses continue to
suffer due to prolonged
power outages

Research Professional News. Legal action
As for the new ministerial post, Le Roux said Meanwhile, legal opposition against the govern-
its success would “wholly depend” on who is ment’s decision to implement a national state of
appointed to the role and the amount of free- disaster over the energy crisis is gaining momen-
dom they would have to implement reforms tum. The Democratic Alliance (DA) party filed a
– which is uncertain given the state of disaster court application under the Promotion of Access
declaration. to Information Act (PAIA) on February 16 for
“Whether the new minister of electricity will all the legal documentation that had led to the
truly have the scope and authority to make the government’s decision.
necessary tough choices is already debatable in It was joined by the lobby group Organisa-
light of the fact that a state of disaster has been tion Undoing Tax Abuse (OUTA), which filed
declared and that ultimate responsibility now an interdict application in the Pretoria High
lies with the minister of co-operative govern- Court on February 16. Earlier last week, trade
ance,” she added. union Solidarity filed court papers seeking to
Political analyst Everisto Benyera of the overturn the state of disaster declaration, saying It is yet another
University of South Africa told Research the energy crisis did not meet the definition of a example of failure
Professional News that neither a minister disaster in terms of the relevant legislation.
of electricity nor a state of disaster were “Years of state capture, mismanagement and a to take bold
necessary. dysfunctional culture cannot be a rational justi-
He said there was a risk that declaring a state fication for the declaration of a national state of decisions and
of disaster could lead to a repeat of what hap- disaster,” Stefanie Fick, OUTA’s executive direc-
pened during the early days of the COVID-19 tor, said in a statement. opting instead
pandemic, when the extraordinary powers The state of disaster is the result of a crisis cre- for the soft but
and funding mechanisms implemented under ated by the government itself, which has been
a state of disaster led to widespread looting of more than 15 years in the making, she contin- expensive option.
government funds. ued, adding that it was unnecessary because
Indeed, the question was not whether the laws already exist to enable urgent action to
money would be stolen but how much of address the energy crisis. Cas Coovadia
it would be stolen, Benyera said. “Whether Such declarations could become a mecha- BUSA’s CEO
the money will be looted or not is a foregone nism for the state to avoid responsibility, OUTA
conclusion.” warned. “If the decision to declare a national
That view is shared by Business Unity South state of disaster due to this self-created crisis
Africa (BUSA), a non-profit company, repre- by the government is allowed to stand, it will
senting organised businesses in the country. open the floodgates for further disasters to be
“It must be seen as a low point in the life of declared in various other sectors that suffered
our society that mismanagement and lack of from similar dysfunction, mismanagement and
governance has created circumstances in which corruption,” Fick said.
a state of disaster has to be declared. We believe Under the state of disaster, the government
the appointment of a minister for electricity in can make sweeping changes to law without par-
the office of the president is a bad idea that will liamentary oversight. Those in favour argue that
add to confusion and turf wars rather than solve it will let the government cut red tape for the
the problem,” BUSA chief executive Cas Coova- faster addition of generation capacity to Eskom’s
dia said. grid to ease load shedding. The government has
“It is yet another example of failure to take not yet published the regulations that will gov-
bold decisions and opting instead for the soft ern the state of disaster, wrote Business Day,
but expensive option of adding another minis- leaving the public ill-informed about roles and
try rather than holding those ministers respon- responsibilities under the state of disaster as well
sible for the crisis accountable,” he added. as its duration.™

Week 08 22•February•2023 www. NEWSBASE .com P5