With the plague of load shedding an ever-looming threat in South Africa, many feel wronged by the actions of Eskom, even more so now that tariffs have increased. In response, one law firm is putting their foot down and have decided to sue the state-owned entity.

De Beer Attorneys are preparing to take legal action against Eskom for the various losses suffered by many business and commercial entities as a direct result of load shedding.

As a state-owned entity, Eskom has a legal obligation to provide electricity to the people of South Africa, said Elaine Bergenthuin, Managing Director at De Beer Attorneys on local radio show CapeTalk.

The law firm’s argument is based on the fact that if a business has a specific contract with Eskom regarding the provision of electricity and Eskom fails to provide, the business would claim delict and the attorneys will need to prove Eskom’s wrongful or negligent conduct.

The firm argues that load shedding itself is negligent conduct as it is not a responsible response to an electricity crisis, but rather a situation caused by Eskom’s negligence to begin with.

Because of the negligent behavior that caused the electricity shortage across the country, De Beer Attorneys seeks to hold Eskom accountable for the losses suffered.

Each case reported to De Beer Attorneys will be individually evaluated based on their personal merits

The group is calling all affected businesses that have suffered clear, quantifiable losses as a result of Eskom’s scheduled power outages, as well as public interest groups who wish to hold Eskom to account, to contact them at [email protected].

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