Law firm pushes on with Eskom class action
De Beer Attorneys says more than 400 local organisations, enterprises and small businesses have joined a class action lawsuit against Eskom over load-shedding. In April, the law firm announced it would take legal against the embattled state entity, notes a TimesLIVE report.
In response, Eskom released a statement saying it relied largely on the National Code of Practice for Emergency Load Reduction and System Restoration Practices of 2010 as the reason why the parastatal could not be sued for load-shedding. Nevertheless, the law firm 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 office bearers at Eskom have been involved in corrupt activities at the parastatal in the past. ‘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 that local businesses have suffered,’ it said in a statement.
Senior associate at the firm, Abduraouph Kamaar, pointed to the pattern of corruption as the reason why Eskom was 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.
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