Ekurhuleni Disregards Court Ruling

Although the implementation of NERSA-approved Eskom tariff increases cannot be circumvented, the Freedom Front Plus (VF Plus) cannot support a procedurally flawed and unlawful process that violates residents’ right to public participation.

The process also disregarded a court judgement in which AfriForum successfully challenged the energy regulator, NERSA, on transparency.

The court laid down clear guidelines for public participation that Ekurhuleni failed to comply with.

It is absurd that the Council was asked to decide on the tariffs yesterday (26 March), while the public participation process only officially begins today.

Council was, in effect, asked to take a decision before taxpayers and residents were given an opportunity to make their voices heard. This is not only illogical, but also directly contravenes the court’s requirement that at least 30 days must be allowed for public comment.

The Freedom Front Plus also strongly objected to proposals that would have granted the head of the Energy Department unlimited powers. One such proposal sought to grant this official the authority to implement all future structural changes and Eskom’s “time-of-use” tariffs immediately, without tabling them to the Council or subjecting them to public participation.

In response to pressure from the Freedom Front Plus and other opposition parties, that proposal was scrapped to make way for a process that does not leave the power to decide on tariff adjustments in the hands of a single person.

Ekurhuleni residents are not the Metro’s subjects, but are partners in the democratic process who deserve to be heard.

The Freedom Front Plus will not allow the Metro to trample the right to public participation and encourages residents to take part in the public participation process.

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