VERDICT:  Judge Davis orders the Electricity Minister to ensure public institutions such as hospitals, clinics, schools and police stations exempted from loadshedding by end of January…

By Lehlohonolo Lehana

In a landmark judgement today, the North Gauteng high court ruled that loadshedding was unconstitutional as it infringes on the basic rights of South Africans.

Judge Norman Davis delivered a 66-page judgment in which he found that the Government had dismally failed the country and its people. He declared that the Government’s failure to protect Eskom from criminal activity and state capture, which were manifested in the energy crisis and in loadshedding, constituted breaches to protect and promote the Bill of Rights.

Judge Davis attributed the energy crisis to the government’s failure in the 1990s to open the energy sector to competition with the private sector and to timeously implement the Independent Power Producer procurement programme, as well as the delays in the decision to build Medupi and Kusile power stations.

He said it was specifically declared that these breaches constituted unjustified infringements enshrined in the Constitution. These included the right to human dignity, the right to life and the right to freedom and security.

The court application was launched by the National Union of Metalworkers of SA (Numsa); the United Democratic Movement (UDM), the Health and Allied Workers Indaba Trade Union (Haitu); Build One SA (Bosa), the IFP; Saftu and Democracy in Action.

The applicants submitted that the manner in which the government had responded to the crisis of load shedding was unconstitutional and breached several constitutional rights.

They argued that load shedding had become a pressing human rights concern. The government’s response had undermined the fundamental rights of citizens. Judge Davis ordered the minister of electricity to by the end of January ensure that all public health institutions such as hospitals and clinics, public schools and police stations, including satellite stations, are exempted from load shedding.

Meanwhile ActionSA said it welcomed a ‘landmark’ judgment in the North Gauteng high court on Friday, declaring that load shedding was a result of government failures and was unconstitutional as it infringes on the basic rights of South Africans.

ActionSA chairperson, Michael Beaumont, said the court also ruled in favour of ActionSA’s request that hospitals, schools, and police stations be exempted from experiencing rolling blackouts.

“The court furthermore ruled that load-shedding today is a result of the government’s failure to open the electricity generation market, implement the Independent Power Procurement Program, delays in constructing Medupi and Kusile, and failure to protect Eskom from criminal activity, corruption, and state capture,” Beaumont said.

He said the ruling was a step in the right direction to protect South Africans from the harm caused by the ruling party due to their failure to solve load-shedding since it first began in 2007.

“Load shedding remains one of our biggest inhibitors to job creation with thousands of small businesses forced to close as a result while incidents of crime have proven to spike when load shedding occurs,” he said.

The Presidency said, it is studying the judgement and will in due course pronounce on further steps on the matter. – www.fullview.co.za

NATIONWIDE  NO-NONSENSE ROAD SAFETY CAMPAIGN KICKS OFF

CLAMPDOWN: Motorists urged to fully prepare for high-visibility road traffic policing the festive season…

By Nokuthula Zungu and Own Correspondent

The silly season is finally here and holidaymakers will traditionally head off to their desired destinations for a breather at various retreats while set out to reconnect with their beloved families.

It’s also that season when the Drive Alive campaign launches to ensure safety to road users and motorists.

Yesterday Eastern Cape launched the 2023 Festive Season Arrive Alive campaign against drunk driving, reckless and negligent driving, state vehicle abuses as well as livestock theft.

Transport MEC, Xolile Nqatha joined officials on inspections on private cars, minibus taxis, and stopped buses during a roadside operation in the Eastern Cape.

Festive season operations will involve all law enforcement (Traffic officers and SAPS) and rapid response teams, including Emergency Medical Services to be strategically placed in some of the hotspot routes.

On the other hand, the Durban Metro Police Service deployed more than 62 new vehicles to be used to combat crime yesterday.

These vehicles are going to be utilised by the DMPS officers on their daily tasks, ranging from attending to accident scenes, rapid deployment to crime scenes, land invasions, dealing with road traffic offenses at identified hotspots, visible policing, patrols, and events management, amongst others.

There will be no mercy to those who consume alcohol and drive this season.  Be warned: One beer is over the limit.

Those who will be arrested for drink and driving will be jailed until Monday. Their cars will be impounded if arrested and will be required to pay a minimum R2000 to retrieve the car, if in road worthy condition, and without outstanding fines and licence up to date.

Road block dates are December 15, 16, 23, 24, 30, 31. All Friday’s and through to Sunday mornings. Meanwhile, the Road Traffic Management Corporation (RTMC) has called on freight and public transport operators to ensure their drivers are fit and healthy to be on the road, with only 14 days until the start of South Africa’s festive season peak travel period.

RTMC said vehicle licence discs must be renewed and defects such as cracked windows, worn out wipers, smooth tyres and brakes must be fixed.

“To renew without hassles, drivers can log on to online.natis.gov.za where they can opt for their discs to be delivered to their doorstep.”

“Tyre bursts and slippery wet surfaces account for 2.5% and 2.4% respectively as contributory factors to fatal road collisions thus highlighting the importance of having properly functioning brakes and tyres in vehicles.

“With rainfall predicted on some of the traveling days, it is important to fit proper wipers and functioning lights to ensure visibility on the road. Drivers should opt to travel during the day instead of at night where possible, as visibility is drastically reduced when it’s dark,” the RTMC said.

Motorists are further advised to ensure they always carry a valid driving licence card. Driving without a valid driving licence card is an infringement and is punishable by law.

Motorists are encouraged to take advantage of the extended operational hours to renew their driving licences at Driving Licence Testing Centres (DLTCs). RTMC DLTCs centres are open seven days a week between 7am – 9pm. – Additional reporting from www.fullview.co.za