The key backers of legal action against Eskom and the National Energy Regulator of South Africa (Nersa) have warned that unless there is immediate action to stop load shedding, there could be the mushrooming of new industries that have an incentive to continue the dysfunction that drives their profits.
UDM leader Bantu Holomisa and Build One South Africa founder Mmusi Maimane said the state capture commission had revealed how entire industries could be created out of dysfunctionality, and ordinary South Africans could be left vulnerable and out of pocket.
They said some new industries that were already springing up to fill the void created by the energy crisis would not struggle to find politicians eager to do their bidding, and South Africans should not allow those with unscrupulous intentions to profit from the crisis.
Holomisa, Maimane and other prominent South Africans have served papers on President Cyril Ramaphosa, Eskom, Nersa, the ministers and directors-general of the departments of Public Enterprises and Minerals, and the matter will be heard in the Gauteng High Court on February 28.
They have called for the suspension of the 18.65% tariff hike and an end to load shedding, but crucially they want to unearth documents that revealed the cause of maintenance delays and other issues at the struggling power utility.
Maimane said there would be opportunities for corruption if Eskom was no longer the primary source of electricity for the majority of South Africans.
“Nigeria is an example of a country where the national grid is no longer the primary grid. There, people depend on generators and when a new president or government comes in then those with a vested interest say that you cannot fix the national grid because there are companies that build generators and an entire industry is affected. They get the government to prioritise the provision of energy for their own purposes.”
Maimane said this was already taking place in the Eastern Cape, where some municipalities were unable to provide water.
“ANC councillors have started businesses with water-delivery tanks, and if the municipality fixes issues with a reservoir, you find someone then (sabotages).
“We don’t want to incentivise privatisation by encouraging people to use force to get their own way. We do not want a situation where the national grid is not the primary source of power as this leaves space for price fixing and gouging,” said Maimane.
He said he was not anti-solar, but was wary of the privatisation of energy by corrupt individuals who forced people to depend on them.
“Home Affairs is another example where people profit off the dysfunctionality by providing documents at a price. It is in their interests for systems to be down. We don't want systems that create systems of patronage.”
Holomisa said their case was important as it would answer questions on whether there was deliberate sabotage to fast-track renewable energy in the country.
“We went to court because we want answers that no one has been willing to provide. Going to court is the only way to find out if this had been done deliberately,” he said.
Holomisa said they had previously asked to see written agreements, but nothing was provided and they were hoping the courts would compel Eskom to provide documents that offered insight into why the country was in an energy crisis.