Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

Local Government Affairs Media statements | Media statements

Eskom’s implementation of additional load shedding unconstitutional

By 15/07/202003/11/2020

The civil rights organisation AfriForum and Eskom will possibly clash in court over the implementation of additional load shedding in case of municipalities with accounts in arrears.

The power giant currently not only applies load shedding across the country, but also additional load shedding in the case of certain municipalities. This leaves certain communities with only four hours’ power per day. In many incidences, consumers are faithfully paying their electricity accounts to their municipality, but these municipalities then fail to pay this over to Eskom. AfriForum instructed its legal team to approach the courts for an order to revise this decision if Eskom does not suspend this malpractice.

“Eskom cannot hide behind a contractual remedy and follow an unfair process by deciding to apply additional load shedding. Eskom took this decision – which creates extensive damages in communities – in the absence of any public participation process. Its decision is definitely unconstitutional and does not even meet the standards of the Promotion of Administrative Justice Act 3 of 2000,” says Morné Mostert, Manager for Local Government Affairs at AfriForum.

It is curious that Eskom implements this clause wherever municipalities are already in arrears. “It seems that Eskom uses the clause to pressure municipalities into paying their accounts. There is a series of other remedies that Eskom can use; yet, Eskom chooses to use the one that inflicts the most damage.”

Dr Eugene Brink, Strategic Advisor at AfriForum, says that Eskom is now creating conditions in which it is destroying electricity consumption (by invoking the maximum demand clause). However, when later in the year Eskom wants to bring a Regulatory Clearing Account (RCA) application, it will possibly not use a lack of sales to make up the risk account. “This may possibly result in a power tariff increase. Eskom cannot create a situation itself, but later expects higher tariffs from consumers. It should follow a fair process that complies with applicable legislation.”