De Beer Attorneys has called on small businesses who have suffered financial loss as a result of load-shedding to come forward.
De Beer Attorneys is preparing a class-action lawsuit against Eskom over load shedding. Courtesy #DStv403over load-shedding.
The law firm is calling on small businesses and other commercial interests who have suffered financial loss as a result of the rolling blackouts to come forward.READ: Eskom CEO blames power stations not producing enough megawatts Meanwhile the power utility is expected to argue that power cuts are neither wrongful nor negligent and are a responsible response to ensure the grid does not collapse.
Constitutional Law Expert Advocate Michael Osborne says although it is not possible to sue the state for failure to supply for basic needs, there are exceptions."In the ordinary case you cannot sue the state and civil court for failure to supply your needs, there are however exceptions to that," he said.
"We now have the constitutional right to basic services, firstly and secondly, that it is possible to demonstrate that the failure to provide needs or provide for fundamental needs is due to malfeasance or corruption or gross negligence, there indeed, there is a possibility of a successful court challenge," said Osborne.
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