Maluti-a-Phofung still powerless due to Court Order defiance

Issued by David Mc Kay – DA COGTA Spokesperson in the Free State Legislature
30 Aug 2024 in Press Statements

Note to Editors: Please find attached English and Afrikaans soundbites by David Mc Kay MPL with images here,here and here

The residents and business owners of Maluti-a-Phofung Local Municipality are up in arms and extremely frustrated with the ongoing electricity crisis. Constant interruptions and instability have been negatively impacting the economic flow for years. The outstanding debt to Eskom has reached a staggering R8,1 billion, with no end in sight. Apart from the obvious cost impact on businesses having to find alternative ways to generated power and job cuts to keep their doors open, this persistent lack of electricity has further impacted the daily lives and well-being of the community in the following ways:

  • Basic Services: Access to clean water and efficient sanitation, which jeopardises their health and safety.
  • Education: Students are unable to study effectively, which hinders their academic progress and future opportunities.
  • Healthcare: Essential medicines cannot be kept cool. Hospitals and clinics are struggling to provide care, putting lives at risk.
  • Property Security: Equipment and infrastructure are being vandalized and plundered due power instability, leading to further losses.

This unfortunate crisis could however have been remedied by now, was it not for the defiant ANC governed municipality senior officials. On 8 June 2021, His Lordship Mr Justice Sardiwalla ruled the nisi rule issued on 24 May 2021, (Case No.2536/2019) final. This means that Eskom was supposed to have been appointed as the Service Delivery Agent of MAP in respect of its electricity business on terms and conditions contemplated In the Active Partnering Proposal submitted by Eskom on 8 December 2020.

Thus by implication Eskom would be being accountable for the implementation of electrical infrastructure, distribution, billing and revenue collection, and slowly recovering the insurmountable debt owed to them.

The DA will be calling on both the National Minister and the Provincial MEC of Cogta to intervene and have the Eskom DAA (Distribution Agency Agreement) implemented and that bi-weekly progress reports on the status be submitted. We strongly urge that the DAA be fully operational by November 2024. In addition we will request an investigation of contempt of court on the perpetrators that previously failed to adhere to the court order.

It is fundamental that effective measures to address the electricity crisis in Maluti-a-Phofung Local Municipality are implemented. To restore reliable electricity and improve the quality of life of the residents residing within its demarcation.

Where the DA governs, we understand the need for reliable and sustainable electricity supply. The DA will continue to monitor the progress and hold the governing bodies accountable.