DA to challenge energy price hike in court

The DA has instructed its lawyers to approach the high court for an interdict to stop the implementation of the recently announced electricity tariff increase.

This comes after the National Energy Regulator of South Africa (Nersa) announced a decision to grant Eskom tariff increases of 18.65% for the 2023/24 financial year and 12.74% for the 2024/25 financial year.

Party leader John Steenhuisen said the DA not only rejected the increase but the government's “poor or rather lack of response to the biggest crisis faced in the history of democracy”.

“South Africans, who have had to spend a third of 2022 in darkness and are burdened with indefinite stage 6 load-shedding, are now expected to pay for the looting and mismanagement of Eskom through exorbitant tariff increases,” he said.

Steenhuisen said electricity tariffs had already increased by more than 650% since the crisis began in 2007, which is quadruple the inflation rate over the same period.

He said the party seeks to have the courts declare the government's response to the ongoing energy crisis is inconsistent with the constitution and bill of rights and therefore invalid and to have the decisions set aside.

“We want government’s response to the crisis declared as having failed to respect, protect, promote and fulfil the rights of citizens, thereby limiting the right to human dignity, the right to life, the right to an environment that is not harmful to health and wellbeing, the right of access to healthcare services, the right to access sufficient water, the right to basic education, and the right to access courts.”

He said it was the DA's sworn duty as official opposition to hold the government to account and to ensure they act in the interests of the people of South Africa, even if it meant taking them to court to force their hand.

“It has become clear that government will not act in the interests of the citizens of this country, including protecting them from blackouts and unaffordable electricity tariffs, unless compelled by a court of law to do so.”

The party will ask that the court direct the government to file, within 30 days, a comprehensive plan to manage the crisis, he added.

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