"De Beer Attorneys believe that a legal duty exists on the part of the responsible directors themselves, to recoup at least some of the losses that local businesses have suffered," it said in a statement.
Senior associate at the firm Abduraouph Kamaar said it seemed that that a number of officials at Eskom had engaged in corrupt activities in the past and that"this pattern of conduct has resulted in Eskom being unable to meet South Africa’s electricity demand". "On this basis, a damages claim for individual businesses that have suffered financial loss as a result of load-shedding may still lie against these responsible directors," he said.He said the load-shedding problem at Eskom was expected to continue for the next few years.
"South African businesses are dependent upon a stable electricity supply and are entitled to compensation for at least some of the losses they have suffered. If not from Eskom, then from the directors themselves whose questionable conduct has resulted in these losses. "They are fed up with corruption and having their livelihoods compromised as a result of malfeasance."
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