Cheri’ Rudd l Director | Rudd Attorneys | mail me |
Have members of the ruling party committed treason through bringing about the energy crisis?
Whilst treason is broadly defined as ‘the crime of betraying one’s country’, what constitutes treason differs from country to country.
In South Africa, treason is a common law offence defined (see SAPS website) as,
‘any conduct unlawfully committed by a person owing allegiance to a state with the intention of; overthrowing the government of the Republic; coercing the government by violence into any action or inaction; violating, threatening or endangering the existence, independence or security of the Republic; changing the constitutional structure of the Republic.’
To me, the alleged unlawful activities involving Eskom, as heard by the State Capture Commission, fall under the definition of ‘violating, threatening or endangering the existence, independence or security of the Republic’ or ‘changing the constitutional structure of the Republic’.
The Constitution of South Africa provides the legal foundation for the existence of the Republic, setting out the rights and duties of citizens, and defining the structure of the government. The Bill of Rights, contained in chapter two of the Constitution, is the cornerstone of democracy in South Africa. It enshrines the rights of all people in South Africa, and affirms the democratic values of human dignity, equality and freedom. It binds natural and juristic persons alike.
There is no right to electricity in the Constitution, although it has become an integral part of daily life. That does not, however, mean that the alleged unlawful activities involving Eskom have not violated the Constitution.
Constitutional rights
In my opinion, load shedding unlawfully limits several constitutional rights.
I will, for sake of brevity, concentrate on a mere few:
Life and healthcare
Everyone has the right to life, and healthcare services.
Electricity is essential for public health facilities. An unstable supply of electricity could be fatal for those undergoing emergency treatment/surgery and in intensive care units. Furthermore, organs, vaccines and medication that need to be refrigerated could spoil or become ineffective.
Freedom and security of person
Everyone has the right to freedom and security of person, which includes the right to be free from all forms of violence from either public or private sources.
Anti-crime activist and Crime Watch host Yusuf Abramjee says, “there is an increase in criminal activity across the country whenever load shedding strikes.”
Freedom of movement
Everyone has the right to freedom of movement.
Thousands of people rely on PRASA to take them home or to work. Many will get to their workplaces late, and face the possibility of losing their jobs. Load shedding also affects the operation of traffic lights, resulting in increased traffic congestion during the times it is implemented.
Freedom of expression
Everyone has the right to freedom of expression, which includes freedom to receive or impart information or ideas.
Not only does load shedding affect cell phone signals, it will undoubtably increase costs, as cell phone operators are spending millions on emergency power supplies and security for cellular towers across the country.
Environment
Everyone has the right to an environment that is not harmful to their health or wellbeing.
The increasing use of generators at homes and offices, which is not regulated, is resulting in additional air and noise pollution.
Water
Everyone has the right to have access to sufficient water.
Pumps – which transport water from dams to the municipal supply towers – run on electricity. During certain stages of load shedding, reservoir stations start emptying, resulting in water shortages in areas.
Education
Everyone has the right to basic and further education, which the state, through reasonable measures, must make progressively available and accessible.
Dr Felicity Coughlan, Director of the Independent Institute of Education notes that, “modern education depends on power – from the simple provision of adequate lighting in lecture rooms which were built assuming there was no need for natural lighting, to the power to drive digital projectors and internet connectivity.”
Once the State Capture Commission has come to an end, and Judge Zondo has made his findings public, indictments should hopefully follow. Will there, however, be enough political will to charge the persons concerned with treason, which carries a sentence of life imprisonment, as opposed to the ‘lesser crime’ of corruption?
