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Eskom faces legal action over

targeted load reduction policy

SOUTH AFRICA SOUTH Africa’s struggling national power util- effectively address problems surrounding illegal
ity Eskom is facing a legal challenge lodged to usage and infrastructure upgrading,” Alberts was
stop it from applying targeted load reduction on quoted by IOL as saying.
numerous feeder lines across the country, local “Load reduction is then instead implemented
media outlet Independent Online (IOL) reports. to target both illegal and legal direct end-users.
Business rights watchdog Sakeliga, in col- This conduct is irrational and unfair,” he added.
laboration with farmers advisory platforms Alberts emphasised that it was unacceptable
AgriNorthwest, TLU SA and other affected busi- that paying end-users’ businesses and liveli-
nesses, filed an application in the Gauteng High hoods should bear the brunt of negligence and
Court in Pretoria to review and set aside Eskom’s deterioration at Eskom.
targeted load reduction policy. “On top of the instability and increased costs
According to Tian Alberts, a legal officer at already occasioned by load shedding, those on
Sakeliga, the state-owned enterprise (SOE) has targeted supply lines who dutifully settle their
regularly, and for hours on end, been terminat- electricity bills every month are now further
ing the power supply of direct users on certain punished because Eskom does not maintain
feeder lines in an apparent attempt to curb illegal their infrastructure and fails to remove illegal
usage and collect debts. connections on supply lines,” he explained.
The load reduction has been implemented In his affidavit filed with the court, Alberts
for over a year above and beyond national power stated that the detriment of the SOE’s load
cuts known as load shedding and has caused dis- reduction policy was exacerbated by the fact
ruption to production processes and damage to that it followed no proper notice or consultation
equipment. In the process, paying end-users -- processes before implementation to areas where
businesses and farms -- are also targeted, writes it had lost control of the management of feeder
IOL. lines.
In an August 2022 letter, Sakeliga demanded According to Alberts, the policy of load
that Eskom cease the load reduction on identi- reduction and its implementation raises impor-
fied feeder lines. Having received no response, tant and fundamental constitutional and leg-
the watchdog instructed its legal team to islative issues as direct customers are being
approach the court to have Eskom’s load reduc- penalised for Eskom’s failure to properly audit
tion policy declared illegal and unconstitutional. and manage its distribution network across the
The Electricity Regulation Act provides for country.
a form of load reduction, but this may never The South African Local Government Asso-
involve a complete cessation of electricity sup- ciation (SALGA) in KwaZulu-Natal has urged
ply, only an appropriate reduction in load size, municipalities to challenge the SOE’s unilateral
Alberts said, adding that load reduction may not load reduction plan, which it said was hurting
be used as a debt collection mechanism. local economies, says IOL. Sakeliga’s latest court
“In the case of load reduction, it appears that case against Eskom aims to bring interim relief
Eskom does not have the ability or willingness to to many businesses and households.™

P6 www. NEWSBASE .com Week 01 04•January•2023