Loadshedding: Where are the Lawyers?

 

Standing up to corruption in South Africa is bad for your health. I think we all know that.

By now I have heard of policemen that choose to rather not investigate murders for fear of retaliation from police officers who are actually involved in same. As unpopular as I have made myself in certain circles I have received my fair share of threats and verbal abuse from public servants whom I have dared to ask to just do their work. Still- I love standing up to those who abuse their power and I still do not get tired of making sure that those who want to laze about in their offices while being paid with our tax money actually get to do some work...

It goes without saying that I was going to buy André de Ruyter's book no matter what the cost.

Having read and enjoyed Jacques Pauw's the President's Keepers I knew that I was going to enjoy finding out how the actual reasons for loadshedding compares to the excuses that we were fed via the media for the last couple of years.

Mr De Ruyter did not disappoint. His accounts of struggles with law enforcement and bureacracy was not only believable, but downright relatable. According to him his term at Eskom had him face the following on a daily basis:

- Policy decisions made by Government Departments that were influenced by other considerations (mostly greed and corruption) than securing a reliable electricity supply to South Africa;

- Difficulty in recovering debts owed by Municipalities;

- Unwillingness from law enforcement to investigate and prosecute cases of criminal offenses committed within Eskom and against Eskom (it goes without saying that these offenses were actually committed against us- the people of South Africa...)

- Board Members being more concerned with keeping politicians happy than carrying out their legally imposed mandate.

My first question as I read about all this was- Where were the lawyers...? Yes- I know Eskom has in-house legal advisers and probably Attorneys on contract. Mr De Ruyter even made mention of his own lawyers when he related the events that occurred around the time of his resignation...

I asked:

Where were the lawyers to apply for a mandamus order against the SAPS and the Hawks when clear evidence could be produced of a matter having been referred to them for investigation?

Where were the Labour Law experts to make sure that people within Eskom who did not want to do their jobs would no longer be on the payroll? I especially would have loved to see those employees who had assisted in the committing of the fuel oil and coal fraud dismissed...

Where were the Administrative Law experts to challenge the Department of Mineral Resources and Energy's rejection of a plan that could have ended loadshedding in 6 years' time...?

These lawyers would have needed evidence and from what I have read Mr De Ruyter and those that stood by his side had plenty of that. It just needed to be used properly...

I have finished the book just as the Minister of Justice and Correctional Services issued a regulation that us legal practitioners had to render at least 40 hours of community service per year. It did not take me very long to decide what kind of community service I wanted to render- so I reached out on Facebook...

(Please forgive me if the link does not work. Technology and I have a toxic relationship at times...)

https://web.facebook.com/100001778128460/videos/1430136687587710/

I won't be surprised if  Mr De Ruyter is not the only one with evidence on hand with which to expose and persecute those responsible for the sorry state of our country's electricity supply. If any such person wishes to share useful information with me to use in this Community Service project they are welcome. I will understand if you would choose to remain anonymous.

This invitation is not extended to only those at management level, but also to any employee of Eskom in my area who finds him or herself victimised for just doing his or her job...

If other Attorneys want to step up and offer their services for this cause I can only imagine what change it will bring about. 

Let's start making a change...