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Judgement reserved in AfriForum’s case regarding ongoing power problems in Rustenburg

Soundbite: Deidré Steffens (English)

The Gauteng High Court in Pretoria reserved judgement in AfriForum’s court case against the Rustenburg Local Municipality, the Municipal Manager and the National Energy Regulator of South Africa (NERSA) over the ongoing problems regarding electricity supply in the municipal area.

The case was heard on 28 and 30 May and again on 26 June after AfriForum served court papers to those involved in 2023. Only the Municipality and the Municipal Manager opposed the matter, while NERSA, who regulates this municipality’s compliance with its license conditions regarding power supply, did not.

AfriForum approached the court after years of ongoing electricity supply problems in Rustenburg, which AfriForum argued stemmed from chronic neglect and inadequate maintenance of the local power grid. Before AfriForum approached the courts, the civil rights organisation tried to engage with the Municipality and NERSA regarding the issue of electricity supply, but officials failed to deliver valuable engagements or feasible solutions.

“The Municipality, as a licensee of NERSA, has certain norms and license standards to comply with and NERSA must regulate the situation. When its licensees fail to comply with NERSA’s standards, it must protect consumers by intervening. In this case, NERSA has for years failed to intervene but has instead allowed the situation to deteriorate even further,” says Deidré Steffens, Advisor for Local Government Affairs at AfriForum.

In its application, AfriForum asked the court to grant relief in three key areas. First, AfriForum seeks a declaratory order that NERSA has failed to fulfil its statutory obligations to monitor and enforce the Municipality’s compliance with electricity distribution standards. Second, AfriForum asked the court to compel NERSA to exercise its enforcement powers under applicable legislation and to take all necessary steps to secure compliance from the Rustenburg Municipality. Third, AfriForum specifically requested that NERSA be compelled to investigate the Municipality’s failures, issue directives for remedial measures, ensure the implementation of those measures, and monitor the Municipality’s ongoing compliance to prevent future service breakdowns.

“It is a pity that organisations such as AfriForum have to drag municipalities to court to comply with the law and license conditions. AfriForum continuously try to engage with municipalities outside of court to ensure basic service delivery for residents, but the civil rights organisations’ many petitions had fallen on deaf ears. AfriForum will continue to put pressure on government spheres to provide basic services to communities,” concludes Steffens.

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