THE Democratic Alliance (DA) will face off with the National Energy Regulator of South Africa (Nersa) in the North Gauteng High Court on Monday, 11 September, over its plans to increase Eskom's electricity tariffs by over 30%.
Nersa has granted Eskom a 31,4% increase in electricity tariffs over the next two years.
The DA said the increase is very high and will negatively impact consumers who are already struggling to keep up with load shedding and the recent increase in fuel prices.
The party said they want the court to review Nersa’s tariff increase and declare it unconstitutional.
Speaking outside court, DA Gauteng leader Solly Msimanga said South Africans were carrying the burden of a failing government at a high cost.
Msimanga said there must be a plan other than taking more money from residents.
He further said that people cannot afford to pay more for electricity and the ruling party, ANC, should take responsibility for the high cost of living.
DA Federal Council chairwoman Helen Zille said it’s important for the court to declare Nersa’s tariff increase unconstitutional because of the electricity crisis in Mzansi.
She said this will allow the DA to take the next step and push for independent oversight of the Energy Action Plan.
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Zille said one of the most pressing issues affecting every South African today is the ongoing crisis of load shedding and the increase in electricity tariffs, which is six times higher than the rate of inflation.
"This means that South Africans are forced to pay much more for electricity at a time when millions are unemployed as a result of load shedding.
"We seek a declaration from the court confirming that this failure is due to government and state failure, which failed to take responsibility for defending constitutional rights. This failure is inconsistent with the Constitution," Zille said.
In the DA's court papers, they argue that Nersa misinterpreted Section 15 (1) (e) of the Electricity Regulation Act and did not take public participation into account when the Multi-Year Price Determination (MYPD) was undertaken.
They, therefore, seek to have the MYPD decision declared invalid, and suspended, giving Nersa six months to remedy the situation.