READER LETTER | Cyril could have avoided state of disaster litigation

President Cyril Ramaphosa.
President Cyril Ramaphosa.
Image: Veli Nhlapo

The DA called for the national state of disaster on electricity only to cry foul all the way to the court, seeking the declaration reversed. That is an imbecile thing to do in a crisis.

Since there was a significant constituency not sold of the proposal to declare a disaster, the spontaneous gazetting wasn’t worth it either. President Cyril Ramaphosa should have exploited the habitual public address platform which brought loyal audience before him.

Firstly, to clear a thick air of mistrust that arose from messaging dissonance on the load shedding question. Secondly, to outline safeguard mechanisms of the disaster plan. This missed opportunity enabled flighty politicians and litigious nonentities of that ilk to shoot down a fine idea.

Be that as it may, government is not necessarily empowered to declare a disaster on a public entity, especially on account of its self-induced incapacity to provide an essential service. The entitlement provision in the disaster management act is vague to the point of predisposition to abuse. Imagine water supply being severely constricted on a disaster scale as a consequence of maladministration and abject failure of parliament to perform its oversight duty. Such a disaster could easily be construed as self-created for overnight “tenderprises” to profiteer from unbridled contracts of supplying water. There lies a lacuna in the act.

However, a valid argument is not always a means to resolve a crisis. The consequences of pending litigations can be far-reaching. An ideal solution is for the court to consider what triggered a call to declare a disaster. And then ratify the emergency obligation with a rider that the court will assume a supervisory role to hold the executive accountable in its business affairs. That would not only safeguard public procurement mismanagement but deter any manifestation of cronyism and corruption.

Morgan Phaahla, Ekurhuleni  

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.