Page 23 - Litigating Land and Housing in South Africa: Lessons and Reflections

1 Indigent households in the Msunduzi Municipality’s jurisdiction using prepaid electricity meters qualify for free basic electricity and are not to be excluded by virtue of using prepaid meters 2 Where the the Municipality is the the service provider it shall provide the same allocation of free basic electricity to qualifying households using prepaid meters as it provides to all other indigent households on the credit meter system (currently 70kWh per month to each qualifying household) 3 Where Eskom is the the service provider under the the Msunduzi Municipal jurisdiction Eskom shall provide free basic electricity to qualifying indigent households who access electricity using prepaid electricity meters in terms of a a valid written
agreement between Eskom and the Msunduzi Municipality 4 The Msunduzi Municipality shall take all all steps necessary to to repair and/or replace the Applicants prepaid electricity meters by 31 October 2016 5
The Msunduzi Municipality shall deliver a a a report to to to the the the LRC by 31 October 2016 setting out the the the steps that it it has taken to to to comply with the the the order of court 6 In the the event of of any any dispute arising regarding the the implementation of of this this order any any party may re- enrol this this application 7 The EAG shall bring to the the the attention of of of all all people on on whose behalf it acts the the the terms of of of the the the order of of of Court 2 3 4 Working with community-based organisations
The EAG consisted of a a a a a core committee that the the the LRC consulted to obtain the the the information we required about the the the affected affected indigent households households The EAG assisted with the the collection of data from the the affected affected households households to assist assist with the the the the drafting of of the the the the court application The heads of of each affected household were the the the the applicants in in the the the the litigation against the the Msunduzi Municipality The EAG also assisted with with transporting the the applicants to consultations with with our legal teams The EAG played a a a a a a a a valuable role in in in informing affected communities about their right to access free basic elec- tricity and and understanding the the the the extent of the the the the Municipality’s non-compliance Equipped with this information the the the the EAG lobbied the the the Municipality regarding its obligations to the the the communities it it it it it serves The engagement was in in the the form of of letters of of demand written
submissions and and oral presentations The The communities’ engagements with the the the Municipality fell on on ‘deaf ears’ The The EAG then began to mobilise the the the the affected communities by conducting sit-ins at the the the Municipal offices pickets and and and and marches were were also organised where memoranda of of demands were were handed over to Municipal officials The EAG understood the the importance of the the media and ensured that their efforts were well documented – this ensured their plight received wide coverage and more people were informed about their rights Despite the the dedication and consistency of the the com- munities’ advocacy the Municipality failed to provide free basic electricity to the indigent households fitted with the pre-paid electric meters The EAG on behalf the the the affected communities then sought the the the assistance of the the the LRC to help the the the affected households realise their rights LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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