Constitutional Court – South Africa is bracing for what could become the most historic energy ruling in its democratic era. By 28 July 2025, the Constitutional Court is expected to deliver a landmark judgment that may legally bind Eskom — or even order a partial shutdown of its power-cutting practices. The legal battle, spearheaded by civil society groups, unions, and human rights watchdogs, argues that prolonged and escalating loadshedding violates the constitutional rights of citizens, including access to basic services, safety, education, and health. The looming verdict could set off a legal and political earthquake, forcing the ANC government, Eskom leadership, and the Department of Public Enterprises to either reform the power utility or face court-mandated restructuring. Critics say the ruling could be Eskom’s final warning after years of financial mismanagement, state capture, and operational failure. Others worry about the unintended consequences of a judicial overreach — especially if Eskom is told to cease certain loadshedding levels immediately. With Stage 4 and Stage 6 loadshedding still routine across the country, businesses, hospitals, schools, and households remain in crisis. Now, South Africa’s highest court may become the final arbiter of whether loadshedding is legal at all.
Why the Constitutional Court Got Involved
The Constitutional Court became involved after the High Court declared loadshedding unconstitutional in December 2023. Government departments appealed the decision, pushing the case into South Africa’s highest legal arena.
- The main complaint is that Eskom’s load reduction violates Sections 27 and 29 of the Constitution (right to healthcare, water, and education).
- Civil groups argue that blackouts endanger lives and deepen inequality.
- The Court must now decide if government inaction is a breach of constitutional duty.
- Eskom insists loadshedding is necessary to prevent a full grid collapse.
- Experts worry that court orders could worsen the crisis if not implemented with precision.
Constitutional Court Rights Allegedly Violated by Loadshedding
According to the affidavits submitted, these constitutional rights are potentially being violated:
| Right | Section | Violation Example |
|---|---|---|
| Health Care | 27(1) | Life-saving machines go offline in hospitals |
| Access to Water | 27(1)(b) | Water pumps fail during blackouts |
| Basic Education | 29(1) | Learners can’t study at night or attend classes |
| Dignity | 10 | Families go without food due to cold storage |
| Safety | 12 | Increased crime during blackout hours |
| Equality | 9 | Poor areas suffer more frequent outages |
| Administrative Justice | 33 | No proper communication from Eskom or govt |
Eskom’s Defence in Constitutional Court: Grid Protection or Excuse?
Eskom argues that its load curtailment policy is not only legal but essential for national stability. Without it, the entire electricity grid could collapse, plunging the country into total darkness for weeks or months.
- Eskom’s legal team insists there is “no alternative” until generation stabilizes.
- The utility claims the court cannot compel it to generate more power than it has.
- Government attorneys argue that policy, not law, should solve the energy crisis.
- Eskom points to IPP procurement delays and coal station breakdowns as main hurdles.
Key Figures Shared by Eskom During Court Hearings
| Item | Data (June 2025) |
|---|---|
| Total Generation Capacity | 48,000 MW |
| Available Capacity | 29,000 MW |
| Maintenance Outages | 7,500 MW |
| Unplanned Breakdowns | 11,000 MW |
| Peak Demand Winter Evenings | 34,000 – 36,000 MW |
| IPP Contribution | 5,800 MW (mostly solar/wind) |
| Diesel Usage (June Total) | R2.1 billion |
| Cost of Stage 6 Loadshedding | R3 billion/day (GDP impact) |
Departmental Responses and Legal Strategies
Both the Department of Public Enterprises (DPE) and the Department of Mineral Resources and Energy (DMRE) have filed joint arguments with Eskom, hoping to prevent any mandatory shutdown or orders that restrict the current loadshedding framework.
- The DMRE claims that reforms are already in progress under the Just Energy Transition.
- DPE says government is rolling out over R100 billion in new generation funding.
- Ministers Pravin Gordhan and Gwede Mantashe warned the court of “dire consequences” if loadshedding is halted prematurely.
Official Departmental Contact Details
| Department Name | Contact Email | Helpline Number | Official Website |
|---|---|---|---|
| Dept. of Public Enterprises | [email protected] | 012 431 1000 | www.dpe.gov.za |
| Dept. of Mineral Resources & Energy | [email protected] | 012 406 8000 | www.energy.gov.za |
| Eskom National Control Centre | [email protected] | 08600 37566 (24/7) | www.eskom.co.za |
| Presidency (Complaints Unit) | [email protected] | 012 300 5200 | www.thepresidency.gov.za |
What Happens If the Court Rules Against Eskom?
A ruling against Eskom could reshape South Africa’s energy and legal landscape forever. But the consequences — positive or negative — will depend on how the court frames its directives.
- The Court could instruct Eskom to limit Stage 6 and 4 to certain sectors only.
- A partial exemption may be ordered for hospitals, schools, and water plants.
- Government may be compelled to fast-track renewable energy procurement.
- If the ruling is strict, Eskom could face lawsuits from municipalities and citizens.
Possible Legal Scenarios Explained
| Scenario | Outcome |
|---|---|
| Total Ban on Loadshedding | Grid may collapse; immediate legal challenge likely |
| Sector-Specific Exemptions | Partial relief for health, education, and water |
| Conditional Ruling with Timeline | Govt given 6–12 months to comply with new energy standards |
| Court-Monitored Oversight Mechanism | Independent body appointed to monitor Eskom’s performance |
| No Change – Appeal Upheld | Status quo remains; civil society may escalate to Parliament |
What Citizens, Businesses, and Municipalities Should Expect
The days ahead will be turbulent — whether the Court intervenes or not. South Africans across all sectors should prepare for immediate legal, operational, and power supply changes after 28 July.
- Businesses should review backup energy strategies and insurance plans.
- Municipalities may receive new guidelines on exempted infrastructure.
- Residents should watch for emergency briefings from Eskom and government.
- Civil society groups plan mass action depending on the outcome.
Timeline of the Case So Far
| Date | Event |
|---|---|
| 12 December 2023 | High Court rules loadshedding unconstitutional |
| 17 January 2024 | Govt appeals to Supreme Court |
| 29 February 2024 | Appeal moved to Constitutional Court |
| 10 May 2025 | Final oral arguments presented |
| 5 July 2025 | Public hearings conclude |
| 28 July 2025 | Constitutional Court ruling expected |
| August 2025 | Possible implementation phase begins |
| September 2025 | Oversight or compliance reports may be initiated |
What’s at Stake for the Future of Energy in South Africa
Whether the Court issues a stern warning, forces systemic change, or sides with Eskom’s current strategy, the ruling will shape the nation’s energy policy for years to come. It could also open new legal avenues for citizens harmed by electricity failures.
South Africans want reliable power. But they also want accountability. This case may finally bring both — or plunge the country deeper into legal and energy uncertainty. Keep an eye on 28 July. That date could spark a revolution in how energy justice is defined in a constitutional democracy.
FAQs of Constitutional Court
1. What is the Constitutional Court ruling about Eskom and loadshedding?
The Court is deciding whether ongoing loadshedding violates citizens’ constitutional rights to basic services like healthcare, water, and education.
2. When will the Constitutional Court deliver its verdict?
The final ruling is expected by 28 July 2025, according to official court documents.
3. Can Eskom be legally forced to stop loadshedding?
Yes, if the Court finds the practice unconstitutional, it could order Eskom to adjust or suspend certain stages of loadshedding, especially for critical services.
4. What will happen if Eskom is told to stop loadshedding immediately?
Experts warn this could risk a total grid collapse unless carefully phased or targeted only at key sectors like hospitals and schools.
5. Who brought the case against Eskom to the Constitutional Court?
Civil society organisations, unions, and rights groups challenged the legality of loadshedding after a High Court ruling in 2023.