Gordhan applies for leave to appeal load shedding exemption ruling
The ruling, which was handed down in the Pretoria High Court earlier this month, orders the minister to take reasonable steps to ensure that the listed facilities have sufficient power during load shedding, within 60 days.
JOHANNESBURG - Public Enterprises Minister Pravin Gordhan has applied for leave to appeal a court ruling that ordered schools, hospitals and other critical public facilities be exempted from load shedding.
The ruling, which was handed down in the Pretoria High Court earlier this month, orders the minister to take reasonable steps to ensure that the listed facilities have sufficient power during load shedding, within 60 days.
It said that rolling power cuts on public facilities were inconsistent with the South African Constitution.
Gordhan said that the order from the Pretoria High Court was vague and did not make sense.
In papers filed at the Pretoria High Court on Wednesday, the minister said that he did not have power to generate and or ensure electricity supply to the listed public facilities.
Gordhan said that it would require several government departments and more than 60 days to procure alternative sources of energy and install them in the more than 13,000 public facilities.
He said that the far-reaching ruling violated the doctrine of separation of powers by ordering a minister to carry out a function he did not have legislative jurisdiction to implement.
