Abstract
In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa's power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies.
Highlights
We examine access to electricity as a right in South African law
Prior to the adoption of the Constitution, it existed as a procedural right protected by the law of property on possession, servitudes and personal and contractual rights
In the last five years, the case law on the right to electricity has ballooned as more people turn to the courts to challenge the deprivation of electricity by Eskom and by landlords and body corporates seeking the eviction of tenants and the payment of levies
Summary
Access to electricity is necessary in the modern era. does electricity outpace natural gas, coal and wood in that it provides clean energy for cooking and heating and because it powers installations, devices and appliances that define the Fourth Industrial Revolution. Löfquist says that the language used in human rights law provides a route to protect and promote access to electricity.. Löfquist says that the language used in human rights law provides a route to protect and promote access to electricity.2 Notwithstanding this proposition, the question whether access to electricity is (or should be) a human right is contested, in South Africa. South Africans are "entitled" to electricity as a basic municipal service.. We examine access to electricity as a right in South African law. We start by discussing what could be perceived as the sources of the right to electricity in South African law. We proceed to examine limitations of the right to electricity through deprivations such as loadshedding, interruptions to municipalities for nonpayment, and disconnections by landlords and body corporates who attempt to enforce evictions and to compel tenants to comply with contractual obligations. We present two remedies for deprivation of electricity, namely, spoliation relief and constitutional remedies
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
