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Constitutional Law [2023] ZAGPPHC 280

United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others

United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others [2023] ZAGPPHC 280; 005779/2023 (5 May 2023)

The court found that loadshedding at public health establishments, schools, and police stations without sufficient alternative energy sources infringes constitutional rights to healthcare, education, and security. The State and its organs have breached both constitutional and statutory duties by failing to ensure uninterrupted electricity supply to these institutions. The applicants established a clear right and acts of interference, satisfying requirements for both interim and final interdicts. The court held that judicial intervention is justified and does not breach the separation of power…

  • Right To Healthcare
  • Right To Education
  • Right To Security
  • Separation Of Powers
  • Interdicts
  • State Obligations
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