The right to electricity is not in itself a human right contained in the Constitution. However, a lack of access to electricity can infringe on a person’s other human rights. For example, loadshedding may infringe on a person’s rights to trade, access to information, health care and social security.
There are numerous arguments on this topic, however, municipalities must provide the public with basic municipal services within its available resources and in a sustainable manner. In Joseph v City of Johannesburg 2010 4 SA 55 (CC), the Constitutional Court confirmed that South Africans are entitled to electricity as a basic municipal right.
On the flip side of the coin, legislation provides that the interests and needs of present and future electricity customers are safeguarded and met (in consideration of the efficiency and long-term sustainability of the electricity supply industry).
In light of the above, there is a fine balance that must be maintained between providing the public with electricity as a basic municipal right (together with the protection of human rights) and the long-term sustainability of the electricity supply industry.
Even though it might be possible that loadshedding can impact on a person’s human rights, it is also important to remember that the Constitution allows for human rights to be infringed to a certain extend. Section 36 of the Constitution provides for the limitation of human rights if that limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. The limitation of human rights should also be subject to any less restrictive manners that are available (for example, that the electricity outages are limited to certain time periods and as per a schedule).
Although there are arguments on either side in respect of whether or not loadshedding infringes on a person’s human rights, it must still be formally tested under the law.
