National Energy Regulator of South Africa
By Mpho Moloi
The National Energy Regulator of South Africa (NERSA) has dismissed claims that load reduction measures unfairly target poor communities, arguing that the strategy is implemented primarily to protect infrastructure from excessive demand caused by illegal connections.
Regulatory specialist Vuyiswa Magubane testified before the South African Human Rights Commission (SAHRC) during its inquiry into the effects of load reduction on human rights. Magubane explained that load reduction was necessary to prevent power infrastructure from operating beyond its design capacity, particularly in areas with high levels of electricity theft.
Her testimony followed allegations heard in the commission’s first sitting that Eskom was disproportionately applying load reduction in low-income areas while wealthier communities remained unaffected.
Load Reduction Is Infrastructure Protection, Not Discrimination—NERSA
Magubane clarified that load reduction was not deliberately aimed at poor communities but was more prevalent in such areas due to illegal connections.
“Load reduction is meant to protect the infrastructure only. It’s meant to ensure that the infrastructure is not operated beyond its design limits. It is not meant to target specific communities, but it is prevalent in poor communities because that’s where you’d normally find issues of illegal connections,” she said.
Eskom’s Controversial Load Reduction Strategy Under Scrutiny
The SAHRC inquiry was launched in response to complaints from communities affected by frequent power cuts, who argued that the practice violated their constitutional rights, including access to electricity, education, and economic activity.
At its first sitting, community representatives and civil society organisations testified that Eskom’s load reduction strategy was disproportionately affecting disadvantaged areas, where power supply was being switched off for hours at a time.
Residents reported that essential services such as hospitals, schools, and businesses were severely impacted, with some experiencing outages for longer periods than officially scheduled load shedding.
Human Rights Concerns and Legal Implications
The SAHRC is investigating whether Eskom’s implementation of load reduction violates constitutional rights. Section 27 of the South African Constitution guarantees access to sufficient energy, which is essential for basic services such as healthcare and education.
Community activists have raised concerns that load reduction disproportionately affects vulnerable groups, particularly schoolchildren who rely on electricity for remote learning and individuals dependent on electrically powered medical equipment.
Legal experts have also questioned the fairness of load reduction, arguing that communities that have prepaid meters or are willing to pay for electricity should not be subjected to blanket power cuts.
Eskom’s Response to the Allegations
Eskom has previously justified load reduction as a necessary measure to prevent damage to the grid caused by illegal electricity use. The power utility maintains that overloaded transformers in certain areas pose a fire risk and that reducing supply is the only way to safeguard infrastructure.
In a statement, Eskom reiterated that the company was facing severe financial constraints due to non-paying customers and electricity theft, which cost the utility billions of rands annually. Eskom has called on local municipalities and law enforcement agencies to assist in curbing illegal connections.
“We acknowledge the concerns of affected communities, but we must emphasise that illegal connections are a major contributor to network overloading. Eskom is working on solutions, including replacing damaged transformers and improving legal electricity access in affected areas,” Eskom said.
Government’s Role in Addressing the Crisis
The Department of Mineral Resources and Energy has previously acknowledged the impact of load reduction on communities and has committed to working with Eskom to find sustainable solutions. Minister Gwede Mantashe has urged municipalities to improve revenue collection and expand prepaid metering systems to ensure that legal electricity users are not unfairly affected.
There have also been calls for a nationwide rollout of smart meters to monitor electricity usage more effectively and prevent illegal connections.

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