Job losses: Can Eskom be sued?

The union said in a statement that the commission had been mandated to investigate whether Eskom or the South African government could be held liable and sued for compensation should workers lose their jobs as a result of the power crisis.

"The mining industry has been granted temporary relief, but the effect of the electricity crisis on the economy is such that future job losses are a distinct possibility," said Solidarity in a statement.

Solidarity general secretary Flip Buys said while industries had been instructed to achieve a 10% saving in electricity usage, a worker who lost his job sacrificed 100% of his income.

"A worker who loses his job is therefore disproportionately penalised in relation to other economic participants. It cannot be expected of employees to carry the burden of poor strategic and operational power provision," said Buys.

The commission will consist of a senior advocate, an expert in tort law, an electricity supply expert and an economist.

Solidarity said the commission would concentrate on possible dereliction on the part of Eskom and government.

In terms of dereliction, the emphasis will be on the electricity white paper of 1998, which contained a warning of an electricity shortage in 2007, the trade union said.

The commission will also look at neglect in terms of maintenance, management of reserves, exports, management of coal reserves and dereliction in not notifying the public.

- I-Net Bridge