Ramaphosa is wrong on the law, load-shedding litigants say

3 years ago 1
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President Cyril Ramaphosa. (Photo Delwyn Verasamy, M&G)

President Cyril Ramaphosa fails to understand the law when he argues that load-shedding does not point to dereliction of a legal duty on his part or that of national government, as it lies with municipalities, the applicants in a class action suit against the state have said in court papers.

Ramaphosa has submitted that the Constitution casts energy reticulation as a competence of local government. In an answering affidavit filed last month, the president added that there was nothing in the Constitution or any other law that compelled him to provide electricity to the public, hence he could not be accused of being in breach for failing to ensure the lights stayed on. 

“It is now accepted that municipalities are in law required to provide water and electricity to their people as a matter of public duty,” Ramaphosa said.

“This duty does not lie with the president or any of the national departments cited herein as respondents.”

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