South Africa terminates the Eskom state of disaster
President Cyril Ramaphosa’s administration has withdrawn the declaration of a national state of disaster over South Africa’s energy crisis.
Co-operative Governance and Traditional Affairs minister Thembi Nkadimeng officially terminated the state of disaster with immediate effect through a gazette published on Wednesday, 5 April 2023.
In addition, Nkadimeng repealed all regulations and directions made as a result of the declaration of the national state of disaster.
Head of the National Disaster Management Centre, Dr Elias Sithole, also gave notice that the classification of South Africa’s severe electricity supply constraint as a state of disaster has subsequently been revoked.
The termination and revocation came after civil action group and trade union Solidarity had received a commitment from the State Attorney’s office with a request to withdraw its legal action against the government.
Solidarity launched its legal action on 14 February 2023, arguing the state of disaster was unlawful as it doesn’t meet the definition of a disaster in terms of the Disaster Management Act.
The Organisation Undoing Tax Abuse followed suit a few days later.
Sipho Mathebula, on behalf of the State Attorney, informed the litigants that government intends to end the state of disaster through notices in the government gazette.
“We are instructed that the Minister of Co-operative Governance and Traditional Affairs [Thembi Nkadimeng], in consultation with the relevant Cabinet members, has decided to terminate the state of disaster,” the State Attorney said.
“We are further instructed that the Head of the National Disaster Management Centre has decided to revoke the classification of the impact of the severe electricity supply constraint as a national disaster.”
Thembi Nkadimeng, Minister of Cooperative Governance and Traditional Affairs
With the case rendered moot, the State Attorney invited Solidarity and the Organisation Undoing Tax Abuse to withdraw their applications to declare the state of disaster unlawful.
“The state respondents do not intend filing an answering affidavit addressing the merits of either application,” the State Attorney said.
“We propose that the parties address a joint letter to the Deputy Judge President to inform him of these developments and, if necessary, to cancel the meeting scheduled for 12 April 2023.”
Solidarity said the notice from the State Attorney is a direct result of the pressure it applied, and government clearly doesn’t see a chance of success in court.
“The fact that the state of disaster is being terminated in less than two months since it was implemented indicates we were right from the beginning to say it was purely political theatre,” stated Solidarity.
“Government had all the instruments it needed to resolve the power crisis for years. Their incompetence and unwillingness to use these tools is the bigger disaster.”
The trade union said government’s latest failed attempt to once again try and solve the crisis alone by concentrating power should be the death knell of that idea.
“South Africa’s solution lies in the diminishing and decentralisation of power,” stated Solidarity.
“Our energy solution lies in mass-scale smallscale generation. It lies on millions of roofs rather than the isolated halls of the Union buildings.”
Solidarity called on government to step aside and allow the private and community sector to solve the power crisis.
It said government must focus on removing all regulatory obstacles so anyone that wants to generate and sell electricity can do so easily.
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