LOAD SHEDDING

By Tanika van Graan

While the summer sun approaches in the Southern Hemisphere, the sun may be the only source of light in one African country. Load shedding is being implemented, once again, in South Africa during the election period taking place on 1 November 2021.

The meaning of load shedding

The term, known as “load shedding”, relates to the reduction of a load of something, namely electricity.[1] In simpler terms: electricity is cut off for a few hours a day at a set schedule, with reoccurring outages that may occur multiple times within the schedule.[2] Load shedding comes in stages, which means the higher the stage, the more occurrences of load shedding a day.[3]The country has become used to the implementation of stages up to 4 but is now preparing for stages up to 8.[4]

The answer to why this is happening is quite simple. There is not enough supply for the demand, which is carrying the weight of approximately 60,14 million inhabitants.[5] The question then arises of why this is happening in South Africa and not in other countries. Although South Africa is rich in natural resources, the country fails to benefit from these resources which leads the country into a declining state.[6] The reason behind the lack of electricity being powered constitutes several factors including the rise of development, policy and technical issues, bad management, and corruption.[7]

Is load shedding lawful under the country’s Constitution?

Do citizens have a right to electricity under the Constitution of the Republic of South Africa 1996? While the Constitution does not mention the right to electricity, it does refer to the right of municipal sources. According to Sections 152 and 153 of the constitution, the South African municipalities should provide basic municipal services, which include electricity, in a viable way.[8] However, Section 73 (2)(b) states that the provision of municipal sources includes the availability of these sources.[9] In summary, the municipality can only provide the electricity that is accessible at that given moment.[10] The situation dives deeper since the municipality does not produce the country’s electricity.[11] The duty to provide electricity lies with Eskom, a South African public electricity utility.[12]

Eskom is responsible for providing electricity for industrial, agricultural, mining, commercial, and residential matters.[13] The matter gets even more intricate when it is noted that Eskom is not liable to the people of South Africa.[14] Eskom is accountable to the municipalities who are then, in return, accountable to the people.[15] Eskom’s liability to the municipalities lies within Section 154 (1) of the Constitution “The national government and provincial governments, by legislative and other matters, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions”.[16] This said, Eskom is hindering the municipality’s duty to supply electricity to the people of South Africa.[17]

The situation gets worse

Not only is Eskom implementing load shedding due to a “constrained capacity” of coal, but it is also implementing additional load shedding since it wants to put financial pressure on municipalities.[18] This leads to some households only receiving four to five hours of electricity per day.[19] The reason behind Eskom’s decision is that some municipalities fail to pay their residents’ money over to Eskom.[20] Eskom is putting pressure on the municipalities to pay their debts and instead of opting for a smarter and more moral alternative, they choose to go down the road of destruction.[21]

Is there a resolution to ending load shedding?

Fortunately, there is light at the end of a very dark tunnel, which means there is a resolution to ending load shedding in South Africa. Eskom is already R402 billion rand in debt (which is more than 22 billion Euro) with its roots well planted in corruption.[22] The most logical answer is to liquidate Eskom, but things are not always as easy as it seems. Eskom is responsible for supplying 95% of the nation’s power supply.[23] There are no other companies that are as big that can compete with that.[24] The main problem is not only that Eskom is the main supplier, but also that Eskom does not use green energy.[25] The main source that conducts electricity is coal which makes around 80% of the country’s energy.[26] Not only is this energy supply not sustainable, but it is also harmful with profound greenhouse gasses being emitted.[27] Greenhouse gasses trap the sun’s heat to make the earth a habitable environment for its inhabitants, but the gasses are currently at an all-time high which leads to the imbalance of greenhouse gasses being emitted.[28] The effects of these imbalances result in climate change.[29] Climate change happens due to the complex shifts that take place in the atmosphere.[30] This includes rising temperatures and severe weather events.[31] Profound consequences take place; and we suffer through drought, water shortages, pest invasions, weed invasions, decreased water quality, and much more.[32] We are not the only victims of climate change since animals also suffer the outcome due to their homes or habitats being destroyed.[33]

There are safer and greener ways of supplying power such as using sunlight energy. Most places in South Africa receive approximately more than 2500 hours of sunlight per year which is an advantage that the country should make use of.[34] South Africa even has fair potential when it comes to the usage of wind energy.[35] In the end, there are multiple ways in which the country can conduct power in a greener way, but South Africa first needs to take responsibility and initiative if they want to solve the environmental crisis.

The South African government must install a new system that supplies power in a sustainable matter that will be available for the use of future generations This responsibility lies also with the environmental lawyers of South Africa to fight for the protection and conservation of the environment of the Rainbow Nation.

[1] Andrew Thompson, ‘Loadshedding: What Is It and Why Is It Affecting South Africa’ ( The Culture Trip, 16 January 2019) <Load Shedding: What Is It and Why Is It Affecting South Africa? (theculturetrip.com)> accessed 29 October 2021. [2] Andrew Thompson, ‘Loadshedding: What Is It and Why Is It Affecting South Africa’ ( The Culture Trip, 16 January 2019) <Load Shedding: What Is It and Why Is It Affecting South Africa? (theculturetrip.com)> accessed 29 October 2021. [3] Cheryl Kahla, ‘Load shedding stages explained: Here’s what you need to know’ (The Citizen, 12 June 2021) <Load shedding stages explained: Here's what you need to know (citizen.co.za)> accessed 29 October 2021. [4] Reitumetse Makwea, ‘Eskom could implement stage 8 load shedding before end of winter, says power expert’ (The Citizen, 19 January 2021) <Eskom could implement stage 8 load shedding before end of winter, says power expert — The Citizen> accessed 29 October 2021. [5] Andrew Thompson, ‘Loadshedding: What Is It and Why Is It Affecting South Africa’ ( The Culture Trip, 16 January 2019) <Load Shedding: What Is It and Why Is It Affecting South Africa? (theculturetrip.com)> accessed 29 October 2021. [6] Jarryd Neves, ‘Dark history: The real reason behind load shedding in SA’ (BizNews,5 July 2021) <Dark history: The real reason behind load shedding in SA (biznews.com)> accessed 30 October 2021. [7] Jarryd Neves, ‘Dark history: The real reason behind load shedding in SA’ (BizNews,5 July 2021) <Dark history: The real reason behind load shedding in SA (biznews.com)> accessed 30 October 2021. [8] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [9] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [10] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [11] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [12] ‘Eskom’ (Department: Public Enterprises) <Eskom - DPE> accessed 30 October 2021. [13] ‘Eskom’ (Department: Public Enterprises) <Eskom - DPE> accessed 30 October 2021. [14] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [15] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [16] Constitution of the Republic of South Africa, 1996, Chapter 7, Section 154. [17] ‘The Legal Lowdown on Loadshedding’ (Harrington Johnson Wands Attorneys, 20 January 2020) <The Legal Lowdown on Loadshedding - HJW Attorneys> accessed 30 October 2021. [18] ‘Eskom’s implementation of additional loadshedding unconstitutional’ (Afriforum, 15 July 2020) <Eskom’s implementation of additional load shedding unconstitutional - Afriforum> accessed 30 October 2021. [19] ‘Eskom’s implementation of additional loadshedding unconstitutional’ (Afriforum, 15 July 2020) <Eskom’s implementation of additional load shedding unconstitutional - Afriforum> accessed 30 October 2021. [20] ‘Eskom’s implementation of additional loadshedding unconstitutional’ (Afriforum, 15 July 2020) <Eskom’s implementation of additional load shedding unconstitutional - Afriforum> accessed 30 October 2021. [21] ‘Eskom’s implementation of additional loadshedding unconstitutional’ (Afriforum, 15 July 2020) <Eskom’s implementation of additional load shedding unconstitutional - Afriforum> accessed 30 October 2021. [22] Paul Vecchiatto, ‘South Africa’s Eskom Slashes Debt by a Fifth; Bonds Rally’ (Bloomberg, 25 Mat 2021) <Eskom South Africa Power Utility Cuts Debt, Repays Loans - Bloomberg> accessed 30 October 2021. [23] ‘Eskom’ (Department: Public Enterprises) <Eskom - DPE> accessed 30 October 2021. [24] ‘Eskom’ (Department: Public Enterprises) <Eskom - DPE> accessed 30 October 2021. [25] ‘South Africa seeks financing to shift from coal power generation’ (Power Technology, 22 October 2021) <South Africa seeks financing to shift from coal power generation (power-technology.com)>accessed 28 October 2021. [26] ‘South Africa seeks financing to shift from coal power generation’ (Power Technology, 22 October 2021) <South Africa seeks financing to shift from coal power generation (power-technology.com)>accessed 28 October 2021. [27] ‘The Carbon Brief Profile South Africa’ (CarbonBrief, 15 October 2018)< The Carbon Brief Profile: South Africa - Carbon Brief>accessed 29 October 2019. [28] Melissa Denchak, ‘Greenhouse Effect 101’ (NRDC, 16 July 2019)< Greenhouse Effect 101 | NRDC>accessed 28 October 2021. [29]Melissa Denchak, ‘Greenhouse Effect 101’ (NRDC, 16 July 2019)< Greenhouse Effect 101 | NRDC>accessed 28 October 2021. [30] Melissa Denchak, ‘Greenhouse Effect 101’ (NRDC, 16 July 2019)< Greenhouse Effect 101 | NRDC >accessed 28 October 2021. [31] Melissa Denchak, ‘Greenhouse Effect 101’ (NRDC, 16 July 2019)< Greenhouse Effect 101 | NRDC >accessed 28 October 2021. [32] Melissa Denchak, ’Are the Effects of Global Warming Really that Bad’ (NRDC, 15 March 2016) <Consequences and Effects of Global Warming - What is the Impact? | NRDC> accessed 28 October 2021. [33]Melissa Denchak, ’Are the Effects of Global Warming Really that Bad’ (NRDC, 15 March 2016) <Consequences and Effects of Global Warming - What is the Impact? | NRDC> accessed 28 October 2021. [34] ‘South Africa’s weather and climate’ (South Africa Gateway) <South Africa's weather and climate - South Africa Gateway (southafrica-info.com)> accessed 29 October 2021. [35] ‘South Africa’s weather and climate’ (South Africa Gateway) <South Africa's weather and climate - South Africa Gateway (southafrica-info.com)> accessed 29 October 2021.