THE Energy Regulation Board (ERB) has urged the Lusaka High Court not to grant opposition leader Kasonde Mwenda’s application seeking the immediate suspension of electricity exports.
ERB economic regulation director Alfred Mwila submitted that Mr Mwenda’s application for judicial review against the exportation of non-essential electricity is misconstrued.
Mr Mwenda, president of the Economic Freedom Fighters, has applied for leave of judicial review for the court to instruct ERB to direct Zesco to suspend electricity exports in the wake of prolonged load-shedding.
“The applicant’s claim for a declaration of mandamus compelling ERB to direct the immediate suspension of all non-essential electricity exports is misconstrued, as that power does not at all lie with the ERB,” Mr Mwila stated.
He argued that Mr Mwenda has never approached ERB to seek recourse against Zesco’s actions.
“In the event that the applicant was unsatisfied with ERB’s decision, the applicant would have had recourse to the Energy Appeals Tribunal as established by the Energy Regulation Act,” he added.
Mr Mwila further submitted that the application is “ill-fated” and does not warrant the grant of leave for judicial review.
He explained that under the Electricity Act, ERB is only obliged to advise the Ministry of Energy on importation or exportation of electricity, while the ultimate decision rests with the minister of Energy.
Meanwhile, the State, which is the first respondent in the lawsuit, has also urged the court not to entertain Mr Mwenda’s application.
-ZDM