400 join class action suit against Eskom

More than 400 SA organisations‚ enterprises and small businesses have joined a class action lawsuit against Eskom, De Beer Attorneys said on Monday.

The law firm said it was now preparing a damages claim for individual businesses who suffered losses during load-shedding in 2019.

In April‚ De Beer Attorneys announced that it would take legal action against the embattled state entity.

In response‚ Eskom said the law firm had little ground to stand on.

Eskom said it relied largely on the National Code of Practice for Emergency Load Reduction and System Restoration Practices of 2010 as the reason why it could not be sued for load-shedding.

Nevertheless‚ De Beer Attorneys believes there is a firm basis for a claim.

“Given recent revelations during the Zondo commission of inquiry into state capture‚ it seems that several key officebearers at Eskom have been involved in corrupt activities.

“De Beer Attorneys believes that a legal duty exists on the part of the responsible directors themselves‚ to recoup at least some of the losses businesses have suffered‚” it said.

Senior associate Abduraouph Kamaar said it seemed that a number of officials at Eskom had engaged in corrupt activities and that “this pattern of conduct has resulted in Eskom being unable to meet SA’s electricity demand”.

“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‚” he said.

De Beer Attorneys had received massive backing from SA organisations.

The firm said the load-shedding problem at Eskom was expected to continue.

“SA businesses are dependent on a stable electricity supply and are entitled to compensation for at least some of the losses they have suffered – if not from Eskom‚ from the directors whose questionable conduct has resulted in these losses.

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