High Court Decrees Load Shedding Unconstitutional: A Victory for Basic Human Rights in South Africa

In a groundbreaking judgment, the Pretoria High Court has declared the pervasive load shedding in South Africa unconstitutional, casting it as a contravention of basic human rights. This ruling, which came on a Friday, is considered a watershed moment and has been applauded by different political figures and civic organizations.

The United Democratic Movement (UDM) leader, Bantu Holomisa, praised the decision by the full bench, presided by Judge Norman Davis. His firm comments targeted Public Enterprises Minister Pravin Gordhan, accusing him of indifference towards South African citizens by continually appealing the judgments rather than focusing on solutions.

ActionSA national chairperson Michael Beaumont expressed relief at the ruling which came in response to their request to safeguard hospitals, schools, and police stations from the impact of rolling blackouts. These critical institutions will now have their basic services protected as ordained by South Africa's Constitution.

Minister for Public Enterprises, Dr. Kgosientsho Ramakgopa, has been given a directive by the court to devise a strategy to prevent electricity supply interruption at these essential service facilities. This is to be achieved before the end of January 2024, giving the government a barely a year to ensure compliance.

The legal action witnessed a coalition of 19 applicants, including political entities, unions, and private individuals, confronting the government and several of its ministers, Eskom, and Ramakgopa. The ruling postulates that the government's inability to provide steady electricity supply infringes upon citizens’ constitutional rights, impacting the overall service delivery in the country.

The judiciary's decision consolidates previous applications associated with the energy crisis in South Africa, tracing back to 2007. An earlier judgment in May 2023 resulted in an order for Minister Gordhan to take immediate steps to secure the functionality of essential services amid power interruptions within two months (60 days).

Responding to the ruling, the Presidency has said that President Cyril Ramaphosa and relevant departments are closely reviewing the judgment. At the UN COP28 climate summit in Dubai, President Ramaphosa acknowledged the need for professional management at Eskom and reported that the move to appoint a new CEO is a step toward that goal.

The judgment is expected to set a precedent for prioritizing human rights and service delivery over inefficient governance and has sent a clear message to all government officials, emphasizing accountability and the real-world impacts of policy and governance.