President Cyril Ramaphosa has declared a national state of disaster in response to the electricity crisis in his State on the Nation Address. Image: GCIS.
Ramaphosa’s ‘I don’t have a legal duty to end load shedding’ statement misinterpreted, says Presidency
‘This statement does not in any way diminish the commitment of President Ramaphosa and this Government to end load shedding as a matter of urgency,’ said the Presidency.
President Cyril Ramaphosa has declared a national state of disaster in response to the electricity crisis in his State on the Nation Address. Image: GCIS.
“’I don’t have a legal duty to end load shedding,’ says Ramaphosa” was the headline of one of South Africa’s foremost newspapers used in an article about the President’s response to a constitutional challenge on load shedding brought by 19 litigants, including opposition parties.
PRESIDENCY ACCUSES MEDIA OF MISREPRESENTING RAMAPHOSA’S STATEMENT
Ramaphosa’s statement sparked controversy among the public. The Presidency on Tuesday said it is aware of several media reports that “presented a gross misrepresentation of the statements made” by Ramaphosa in an affidavit submitted in court.
According to reports, Ramaphosa said he and the national government had not violated their constitutional oaths because the law places the responsibility for electricity provision with local governments and municipalities.
“The statement in the affidavit that has been misrepresented relates to the constitutional powers and responsibilities of the President and other Government bodies. It seeks to clarify important legal issues about what is contained in and what is required by the Constitution.
“This statement does not in any way diminish the commitment of President Ramaphosa and this Government to end load shedding as a matter of urgency,” said the Presidency.
The President’s office then went on to list several measures taken to address the load shedding crisis since he assumed office in 2018.
Reference was also made to the State of the Nation Address in which Ramaphosa declared ending load shedding was the country’s top priority. The Presidency said all measures taken to address the ongoing energy crisis are listed in the affidavit and accused the media of selective and inaccurate reporting.
“The intense focus that is being given to resolving this crisis – and the actions that have been taken so far – clearly show that neither the President nor Government has abdicated its responsibility for ending load shedding and setting the country on a path to energy security.”
APPLICANTS SEEK COURT ORDER TO COMPEL THE STATE TO ELECTRICITY CRISIS
According to the Mail and Guardian, the applicants are seeking a declaratory order that states Ramaphosa, Eskom, Pravin Gordhan, Gwede Mantashe and the State as a whole have broken their obligation to protect, respect and promote the rights enshrined in the Bill of Rights.
The two-part application first seeks an urgent interdict that compels the State to exempt certain sectors from load shedding to ensure the delivery of essential services, including healthcare, water and sanitation and more.
In the National State of Disaster regulations, which were gazetted on Tuesday, there is a provision that would allow the State to grant these exemptions for “essential infrastructure.”
READ: State of Disaster: New regulations allow for load shedding exemptions in SA
The second part of the application seeks an order that compels the State to table a plan – within seven days – that details the steps it will take to end load shedding.
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