High Court reverses Emfuleni’s huge “predatory and dishonest” power increases

[Drifter]

“This is a watershed court decision not only for Emfuleni, but for every municipality whose officials think they can act outside of the Law and legislation and get away with it.” – Organised Business

ELM must immediately pay back the almost 21% power increase it imposed dishonestly and under false pretences following a Gauteng High Court order last week reversing the predatory increases, organised business has demanded.
The tariff reversal by the High Court was an indictment of ELM acting Municipal Manager Dithaba Oupa Nkoane and Chief Financial Officer Andile Dyakala and both should be immediately suspended and disciplined due to their negligent handling of this and other issues, said the GTCoC.
The National Energy Regulator (Nersa) also accepted a late application by ELM, failed to hold public consultation and also seemingly accepted ELM’s false claim that it would fold financially due to 1987 preferential tariff agreements with Large Power Users (LPU’s) if the 21% increase was not granted.
According to the GTCoC, gross mismanagement by top ELM officials on a spectrum of governance issues led to the local authority “applying” for the 21% increases in the first place.
“What has happened here is a complete systemic failure to protect the public, business and the economy from predatory and unsustainable and unjustifiable power tariff increases. ELM misled Nersa and Nersa did not even follow its own procedures.
“A total systemic failure that we as the GTCoC were determined to reverse along with LPU’s and to also now ensure accountability from especially ELM,” said Klippies Kritzinger, GTCoC CEO.


More here : https://vaalweekblad.com/52012/high...nis-huge-predatory-dishonest-power-increases/

 

[TheChamp]

One good thing for Emfuleni residents, you guys deserve a massive break.

 

[Drifter]

Yep, I hope they reverse the R5000 "surcharge" we all got on our bills last month. Dont know WTF that is for, but every single rate payer got R5K added.

 

[Jabulani22]

Pretty sure they will just credit the people , following months will see that "refund" eaten up by higher tariffs.
So nothing done then .

 

[TheChamp]

Yep, I hope they reverse the R5000 "surcharge" we all got on our bills last month. Dont know WTF that is for, but every single rate payer got R5K added.

You mean R500, right?

 

[Drifter]

Nope R5000. As in R5K.

 

[TheChamp]

Nope R5000. As in R5K.

What a daylight robbery, glad this court win happened, hopefully they will stop taking chances.

 

[R13...]

Nope R5000. As in R5K.

They probably needed a revenue boost and hope to just give it back to you as credit.

 

[Drifter]

Just received this, I had to try and copy from PDF, but ja, we are in serious k@k.

Mr, Oupa Nkoane Dithabe
Municipality Manager	Date:17 October 2019
Emfuleni Local Municipality
P O Box 3
VANDERBIJLPARK	Enquiries: Anna Tsukudu
1900	Tel +27 11 800 5227

Eskom Holdings SOC Ltd Reg No 2002/015527/30

Dear Mr Dithabe

INTERRUPTION OF BULK ELECTRICITY SUPPLY TO EMFULENI LOCAL MUNICIPALITY

Eskom Holdings SOC Ltd (“Eskom”) hereby gives notice of its intention to reduce and/or interrupt and/or terminate the supply of electricity to the Emfuleni Local Municipality (“the municipality”) with effect from 06 November 2019. The reason for this action is that the municipality has contravened the payment conditions it concluded with Eskom. It is also intended to reduce the escalation of the municipality’s debt to Eskom.


The municipality has failed to pay its electricity accounts to Eskom despite numerous demands and despite the fact that it (the municipality) charges, collects and receives money from its customers for the supply of electricity. At present the municipality owes Eskom an amount of R1 722 158 387.91 (One billion seven hundred twenty two million one hundred fifty eight thousand three hundred eighty seven rands and ninety one cents)

Eskom has a statutory obligation to generate and supply electricity to the municipalities nationally on a financially sustainable basis. Eskom generates and supplies electricity at a cost. On the other hand the municipality has a reciprocal duty to pay Eskom for the electricity supplied to it.

The municipality’s breach of its payment obligation to Eskom undermines and places in jeopardy Eskom’s ability to continue the national supply of electricity on a financial sustainable basis. In terms of both the provisions of the Electricity Regulation Act 4 of 2006 and the electricity supply agreements between the municipality and Eskom, the latter (Eskom) is entitled to terminate the supply of electricity to the municipality, on account of non-payment of the electricity debt.



CUSTOMER SERVICES
GAUTENG OPERATING UNIT
Customer Service Department
204 Smit Street Braamfontein 2001
P O Box 8610 Braamfontein 2000 SA
Tel +27 8600 375 66 Fax +27 086 679 7065 www.eskom.co.za



In order to protect the national interest in the sustainability of electricity supply, it has become necessary for Eskom to exercise its right to reduce, interrupt and/or terminate the supply of electricity to the defaulting municipality.

Eskom recognises that the indefinite disconnection of electricity supply may cause undue hardship to consumers and members of the community, and may adversely affect the delivery of other services.

In the view of this and in order to minimise any hardship to consumers and members of the community, Eskom is contemplating a regulated interruption of electricity supply as opposed to an outright disconnection.

The contemplated regulated interruption will allow members of the community and consumers the opportunity to make alternative arrangements for the scheduled periods of interruption.

The contemplated interruption of electricity supply will result in temporary scheduled disconnection at the following times:

WEEK 1 (06 November 2019 Monday to Friday	Saturday and Sunday until breach is remedied)
06h00 – 20h00	06h00 – 20h00

Notwithstanding the above proposed indicative times for the interruption of electricity supply, Eskom may, upon 7calendar days’ notice, serve the notice to disconnect electricity entirely and indefinitely should the municipality’s debt situation not improve.

The following towns/municipal areas shall be affected by the contemplated interruption and/or disconnection, except those directly supplied by Eskom. MUNICIPALITY/CUSTOMER AFFECTED TOWNS/POINTS OF SUPPLY

Towns - Vereeniging, Vanderbijlpark

Townships - Boipatong, Tshepiso, Sharpeville, Evaton

All of Eskom’s rights are reserved.
Yours sincerely
_________________
Daphne Mokwena
CUSTOMER SERVICES SENIOR MANAGER – GAUTENG OPERATING UNIT

 

[TheChamp]

The municipality is still not under administration?

 

[Drifter]

The municipality is still not under administration?

Has been for 2 years, the rot goes all the way to the top.

 

[Vrotappel]

ANC voters deserve this unfortunately the innocent is also affected.

 

[TheChamp]

ANC voters deserve this unfortunately the innocent is also affected.

Are they not all supposed to be treated as ANC voters? I have never seen such exceptions when we are talking about Soweto residents not paying for electricity, have you? I demand they consistency, they are all a bunch of ANC voters, every single one of them, that's how we roll here.

 

[Vrotappel]

Are they not all supposed to be treated as ANC voters? I have never seen such exceptions when we are talking about Soweto residents not paying for electricity, have you? I demand they consistency, they are all a bunch of ANC voters, every single one of them, that's how we roll here.

I personally know a bunch of Umfuleni residents. They did not vote for this they don't deserve this.

Unfortunately the non ANC/EFF voters are subject to the tyranny of the masses.