Eskom to Class Action Firm: We Can’t Be Sued for Load-Shedding and Here’s Why

Date: Apr 10, 2019

Eskom says that based on legal advice it has received, a law firm seeking to initiate a class action suit against it on behalf of companies which have been affected by load-shedding, has little ground to stand on.

Eskom spokesperson Khulu Phasiwe said that the legal advice the power utility had received relied largely on the National Code of Practice for Emergency Load Reduction and System Restoration Practices of 2010.

The code was published in 2010 by the South African Bureau of Standards and was approved as a regulatory standard by the National Energy Regulator of South Africa.

This as De Beer attorneys announced last month that it would initiate a class action suit  against the power utility and invited businesses to join.

Eskom implemented several days of Stage 4 load-shedding last month following Cyclone Idai which hit Mozambique, further compromising Eskom’s power supply. The power utility has long been plagued by ageing power plants, insufficient maintenance and allegations of State capture.

No guarantees

Phasiwe said that in terms of Eskom’s supply agreement with either a municipality or with an individual customer, Eskom does not guarantee uninterrupted power supply.

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