Johannesburg-based legal firm, De Beer Attorneys, is preparing to take legal action against Eskom in respect of the preventable losses suffered by businesses and individuals as a result of load shedding.<\/p>\n
The firm said that Eskom as a State Owned Entity (SOE) has a legal obligation to provide electricity to the people of South Africa.<\/p>\n
“Legally, if the business in question had a specific contract with Eskom regarding the provision of electricity, then Eskom\u2019s negligent conduct which resulted in the causing of the power supply failure, will form the basis of our claim,” it said.<\/p>\n
“If the claim based on delict, then we will again need to prove that Eskom\u2019s conduct was wrongful and\/or negligent.<\/p>\n
“Here, we can expect that Eskom\u2019s position would no doubt be that load shedding, per se, is neither wrongful for negligent \u2013 in so far as it is a rational, responsible response to the electricity crisis, ensuring that SA\u2019s electricity grid will not collapse, which would be an unmitigated disaster.”<\/p>\n
However, it can be argued that the electricity crisis itself is something which is of Eskom\u2019s own making \u2013 due to its negligence in maintaining the electricity infrastructure, the firm said.<\/p>\n
“As such, they should still be held accountable for the losses suffered. Each case would no doubt have to be evaluated on its own merits.”<\/p>\n