OVER 400 ORGANISATIONS, SMALL BUSINESSES JOIN CLASS ACTION AGAINST ESKOM

A law firm believes that its plans to launch
a class action against Eskom over load-shedding are viable, despite
a previous statement from the power utility that there are limited grounds
for such a case to be successful.

De Beer Attorneys in April
called on businesses and organisations which suffered losses due to power cuts to join a class
action suit against Eskom. The damages claim is against Eskom directors over fraudulent,
unlawful and reckless acts which had a role in the deterioration of Eskom‘s generation and resulted in
load-shedding.

In March, Eskom implemented Stage 4 load-shedding over
several days, due to failing power plants. Power cuts were worsened by Cyclone Idai
in Mozambique, which affected a power line from the Cahora Bassa dam.

Eskom has stated that based on the National
Code of Practice for Emergency Load Reduction and System Restoration Practices of 2010,
the power utility cannot be sued for
load-shedding.

“De Beer Attorneys believes that
there is still a firm basis for a claim,” the law firm said in a
statement issued on Monday. The firm says it is relying on revelations in the
State capture inquiry which implicated office bearers at the power utility for corrupt
activities.

“On this basis, a damages claim for individual businesses that have
suffered financial loss as a result of
load-shedding may still lie against these responsible directors,”
said Abduraouph
Kamaar, senior associate at De BeerAttorneys.

Commenting on the responses from the public about the suit, Kamaar said
that a number of local organisations supported the endeavour.

“They are fed up with corruption and having their livelihoods
compromised as a result of malfeasance,” Kamaar said.

“South African businesses are dependent upon a stable electricity supply and are entitled to
compensation for at least some of the losses they have suffered. If not
from Eskom, then from the directors themselves whose
questionable conduct has resulted in these losses.”

Kamaar called on more businesses to join the class action suit. So far businesses from various sectors such as agriculture, retail, manufacturing, information technology and hospitality have joined the suit.https://www.engineeringnews.co.za/article/over-400-organisations-small-businesses-join-class-action-against-eskom-2019-05-07/rep_id:4136