Eskom blackout claim founded in delict - Trengove

Business Day reports in the opening arguments of the potentially watershed case, Wim Trengove, representing Eskom, said Polyoak's claim was founded in delict. 'We shall submit that Polyoak's claim is bad in law because Eskom's conduct was not wrongful even if it were guilty of the negligent performance of its functions, as Polyoak contends.' He said there were compelling considerations that would exclude Eskom from liability. 'Eskom supplied electricity to the City of Cape Town under contract between the two of them. The city in tum supplied electricity to Polyoak under a contract between the two of them,' Trengove said. It would be contrary to legal and public policy in such a contractual setting to superimpose delictual rights and duties on the parties over and above their contractual rights and obligations, he said. However, the report notes that Willie Duminy, representing Polyoak, said the arguments that Eskom was an extension or organ of the state that enjoyed immunity from common law delictual liability could not be sustained. Full Business Day report