Zimbabwe’s electricity crisis has left domestic and commercial users reeling.
Frequent power cuts have resulted in significant losses, disrupting businesses, damaging equipment, and spoiling inventory.
The Zimbabwe Electricity Supply Authority (ZESA), the national power utility, has failed to provide reliable electricity, breaching its contractual obligations.
This article explores the legal framework for seeking compensation and provides guidance on navigating the process.
Understanding your rights
As a paying customer, you have the right to reliable electricity supply.
ZESA’s failure to provide this constitutes a breach of contract and negligence, most particularly for those who pay for their electricity in advance (prepaid customers).
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Paying for electricity in advance effectively creates a contractual obligation for the power company to provide a reliable service.
Every Zimbabwean has a right to timely and effective service delivery.
This right is further reinforced by the Consumer Protection Act [Chapter 14:14], which protects consumers from unfair business practices.
Grounds for Compensation
When seeking compensation, it is essential to establish the grounds for your claim.
This may include loss of business revenue, spoiled inventory, damaged equipment, interrupted operations, or financial losses due to delayed or cancelled projects.
For instance, a bakery that loses its daily production due to a power outage can claim compensation for the lost revenue.
Similarly, a manufacturer whose equipment is damaged due to power surges can seek compensation for the repair or replacement costs.
Documenting Evidence
To support your claim, it is crucial to gather relevant documentation.
This includes payment records to ZESA for electricity, records of power outages, documentation of losses, and correspondence with ZESA.
Payment records serve as proof of advance payment.
Records of power outages help establish the frequency and duration of the outages, and documentation of losses provides evidence of the impact.
Legal Framework
The Zimbabwe Electricity Act [Chapter 13:19] provides the primary legal framework for electricity supply in Zimbabwe.
This Act establishes ZESA’s obligations as a power utility and outlines the rights of consumers.
The Consumer Protection Act [Chapter 14:14] complements this Act by protecting consumers from unfair business practices.
For instance, section 21(a)(i) states: Unless expressly provided in an agreement, it is an implied condition of every transaction for the supply of goods or services that the supplier is responsible for delivering the goods or performing the services on the agreed date and time.
It goes without saying that once you buy electricity, you expect that service to be provided immediately and without interruption.
Section 33(1) goes on to say: A consumer has a right to have his or her complaints heard before the [Consumer Protection] Commission or the court and to seek redress through alternative dispute resolutions.
As such, we have every right to approach the relevant authorities for redress and compensation.
Common law principles, such as negligence and breach of contract, also apply.
A contract creates rights and obligations between parties.
Breach of contract occurs when a party fails to perform promised obligations.
This can happen in written or oral contracts.
Breach of contract can take various forms.
There is Anticipatory Breach, which occurs when a party indicates, before the due date, that they will not fulfill their contractual obligations.
An example is the failure by ZESA to provide electricity despite advance payment, even when they announce anticipated or scheduled load shedding.
Then, there is Repudiation, which demonstrates an unwillingness or inability to fulfill contractual obligations.
This can be seen in ZESA’s failure to provide electricity when they cut power without notice.
The third is Actual Breach that occurs when a party fails to perform contractual obligations on the due date.
Again, we see this in ZESA’s failure to maintain consistent electricity supply even when consumers have paid for the electricity in advance and expect a service in return.
Regulatory Agencies
ZERA (Zimbabwe Energy Regulatory Authority) and the Ministry of Energy and Power Development are the primary regulatory agencies responsible for overseeing ZESA’s operations.
These agencies have the authority to investigate complaints and enforce compliance with regulatory requirements.
Navigating the Compensation Process
To seek compensation, follow these steps:
1. Consult with an attorney specializing in contract law or utility regulation to assess your claim.
2. Review your contract and relevant laws/regulations to understand your rights.
3. Send a formal complaint to ZESA, citing breach of contract and providing supporting documentation.
4. File a complaint with ZERA or the Ministry of Energy and Power Development.
5. Consider mediation or arbitration to resolve disputes.
Conclusion
ZESA’s frequent power cuts have devastating consequences for domestic and commercial users.
Understanding breach of contract is crucial for Zimbabweans, especially when dealing with essential services like electricity.
Recognizing types of breaches, repudiation, and requirements for repudiation can empower individuals and businesses to enforce their rights.
By understanding our rights, documenting evidence, and seeking legal recourse, we can hold ZESA accountable and secure compensation for our losses.
Let us not continue to allow ZESA to ride roughshod over our rights as Zimbabweans.
We have been too quiet as we are treated as second-class citizens and nonentities by various authorities in this country.
We need to always remember that the incessant power outages we have been experiencing over the past years are a direct result of ZESA and the government of Zimbabwe’s own mismanagement, poor planning, and incompetence.
We can not, therefore, suffer through a fault not of our own making.
The more we remain silent, the worse the abuse and injustices against us become.
We need to act, and the time is now.
TENDAI RUBEN MBOFANA - THE UN-OPPRESSED MIND! 