During a session of the Gauteng Legislature on 28 February 2023, the FF Plus challenged the Premier, Panyaza Lesufi, to confront President Cyril Ramaphosa about his stance that as President he is under no legal obligation to generate power for South Africa.
The party put it to Lesufi in a Member’s Statement that Ramaphosa has apparently abdicated his constitutional duty to govern the country in a way that benefits everyone.
According to the Mail and Guardian, the President expressed this view in an answering affidavit in a constitutional court case about load shedding filed against government by a group of organizations and political parties.
The President reportedly added that the only constitutional legal duty to generate and supply power to the people rests on local government (municipalities).
The FF Plus believes that the President’s argument is flawed and referenced a section of the Constitution’s preamble stipulating the following objective: “Improve the quality of life of all citizens and free the potential of each person”.
This overarching objective cannot be achieved without adequate power generation and supply, and places a general legal duty on the President and Cabinet.
The FF Plus posed the challenge to Lesufi against the backdrop of his own plans to generate and distribute solar power in Gauteng.
If only local governments have the legal duty and right to supply power, the provincial government will not have any such right and, therefore, any plans to generate power may be based on flawed legal grounds.
Consequently, Lesufi must first determine whether his power plans are indeed constitutional.
If Lesufi differs from the President, he must confront the President about it; or accept the President’s abdication and abandon his own provincial power plans.
The ANC cannot blow hot and cold.
Either the ANC shoulders the responsibility to generate and supply power on all three levels of government, or the ANC must step down as the ruling party that does not want to govern.
Read the original article in Afrikaans by Adv Anton Alberts on FF Plus
