Page 24 - Litigating Land and Housing in South Africa: Lessons and Reflections

2 3 5 Strategy success and failures
The The provision of of free basic basic electricity is is is is is is allocated in in in in municipal budgets and and and the the basic basic needs of of the the indigent households need need to to be prioritised and and and distributed in in in in in in a a a a a a a a a a a a a a a a a manner that that is is is is is is fair and and and non-discriminatory The The Court Order provides that that the the Municipality Municipality or or or Eskom (in terms of its agreement with with the the Municipality) must provide provide indigent households with with free basic electricity and and and no household household can be excluded based on having a a a a a a a a a a a a a a a a a a a a a a prepaid meter The community’s activism assisted in in in in in ensuring that that a a a a a a a a a a a a a a a a a a a a a a a a a a a a settlement was was negotiated and and and and reached with the the the Municipality Municipality and and and and Eskom It was was clear that that this community would not back down and and and may have played a a a a a a a a a a a a a a a a a a a a a a a role in in in in in in pushing the the the Municipality Municipality to settle settle the the the matter instead of arguing for a a a a a judgment 2 3 6 Implementation of the Court Order and lessons learnt
The The court court court order order order was was in in in in line line with the the the the the instructions of of of of our our our our clients however the the the the the implementation of of of of the the the the the order order order of of of of court court court proved more more difficult The The Municipality was was unable to to to adhere to to to the the the the the the the timelines as as as per the the the the the the the order order order of of of of court court court (although taken by consent) and needed more more time time to to to to implement prompting further litigation Eventually in in in in March 2019 the the the the Municipality complied with with its its obligation to to provide everybody in in in its its jurisdiction with with free basic electricity The lesson learnt
is that when negotiating draft orders an accountability clause ought to be included where a a a a a a a a a a a a a a named official in in their professional capacity is required to provide the the the the Court with with an an explanation should the the the the terms of the the the the court court order order not be fulfilled within set time- frames The EAG to to ensure that the the the the court court order order was brought to to to the the the attention of the the the affected households published pamphlets and asked local radio stations to to broadcast public announcements The significance and impact of this case is is that indigent households fitted with with pre-paid electric meters within the Msunduzi district are now able to access free basic electricity This This has provided much needed financial relief to the the households This This case case may be used as as as as a a a a a a a a a a a case case study throughout South Africa in in analysing the the the way municipalities comply with their obligations to to give priority to to the the the the basic needs of the the the the communities they serve 24
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS