Page 22 - Litigating Land and Housing in South Africa: Lessons and Reflections

2 2 3 2 2 Legal principles
Having understood the the the the the issues raised by EAG and and and the the the the the applicants the the the the the LRC undertook its own due diligence to to to better understand the the the the the the legislative framework in in in in accessing free basic electricity and and and and the the the the the the constitutional duties imposed on on on on on Municipalities Municipalities South Africa consists of of of three spheres of of of government government the the the national provincial and and and and and local sphere sphere 4 Local government government is is is is comprised of of of of Municipalities Municipalities whose duties include: structuring and and and and and and managing its administration and and and and and and budgeting and and and and and planning processes to to to give priority to to to the the the the basic needs of of of the the the the community community and and and and and to to to promote the the the the social and and and and and economic development of the community 5
The National Framework for for Municipal Indigent Policies provides a a a a a a a a a basis for for for the the provision of free basic services for for indigent households to be applied by the the Department of Provincial and Local Government The Framework provides a a a a a a a a foundation upon which municipalities can build their their own own indigent policies to to meet their their own own obligation to to provide basic municipal services for all The Electricity Basic Services Support Tariff Policy ne- cessitated the the enactment of the the National Energy Act 6 2 3 3 3 3 Obtaining an order of Court which provides for the provision of free basic electricity to indigent households On further examination of the the Msunduzi Municipality’s Indigent Policy we established that the Policy failed to make provision for free basic electricity for the the indigent households that had the the pre-paid electricity meters installed At the time of litigation the Municipality’s Indigent Policy provided 70kWh of free basic electricity per month to qualifying indigent households Having understood the the the the the the the legal issues and the the the the the the the legislative framework we sifted through the the the the the the the information sheets holding the the the the the the the the the the details of of the the the the the the the the the the indigent households households households from the the the the the the the the the the various communities We created schedules of of the the the the the the the the the the qualifying households households households households unable to to obtain the the the the the the the the free basic electricity electricity and the the the the the the the the households households households households that that needed their pre-paid electricity electricity meters to to be installed or repaired/replaced During this exercise we we noted that that the the the the most affected households households households were those headed by women We commenced our engagements with the the the Municipality to inform them of of the the the the discrimination inflicted on on indi- gent households who by by no choice of of their own had pre-paid electricity meters installed by by the the Municipality The The negotiations and and engagements prior to litigation proved fruitless The The LRC on on on behalf of of the the EAG and and the the large number of of applicants decided to to proceed to to court for for relief On 28 July 2016 the the matter was set down for for hearing in in in the the the Pietermaritzburg High Court The parties again attempted to settle settle the the claim and after a a a a a a a a a a a a a a a a few hours of negotiations a a a a a a a a a a a a a a a a settlement was reached by the the Applicants the the Msunduzi Local Municipality and Eskom Holding Limited The parties consented to an an an order of court along the following lines:
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LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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6 Constitution of of South Africa Act 108 of of 1996 Chapter 3 section 40 Constitution of of South Africa Act 108 of of 1996 Chapter 7 section 153 (a) Act 34 of 2008