Zimbabwe is once again plunged into darkness, with widespread power cuts leaving many areas without electricity for days on end. This deepening energy crisis has reignited calls for the return of former Energy and Power Development Minister, Fortune Chasi, whose tenure saw a period of relative stability in the power supply.
The current situation, marked by crippling load-shedding and prolonged outages, stands in stark contrast to the improvements seen under Chasi’s leadership.
Amidst this crisis, Chasi himself has weighed in, addressing the public’s calls for his reinstatement through a series of posts on X (formerly Twitter). His statement, a measured response to the outpouring of public support, underscores his commitment to serving the nation.
However, Chasi’s recent comments have also been met with resistance from some quarters. A ZANU PF-linked X account, ZANU PF Patriots, dismissed Chasi’s remarks as “political grandstanding,” asserting that only President Mnangagwa has the authority to appoint ministers.
“May we remind you that only the President is mandated to appoint any deserving citizen to be a Minister. Opposition supporters calling for your reinstatement have no power to reinstate you. Your response to them thus is political grandstanding,” the statement read.
To understand the context of the current energy crisis, it’s crucial to examine the legal framework governing ZESA’s obligations and Chasi’s own tenure. Chasi himself offered a detailed explanation of ZESA’s legal responsibilities in a recent Twitter thread:
1/ ⚡️ Does ZESA have an absolute obligation to provide electricity? No. ZESA is required to supply power under the Electricity Act [Chapter 13:19], but this duty is subject to resource, infrastructure, and operational constraints. Let’s break it down.
2/ Electricity Act [Chapter 13:19]
ZESA’s mandate includes the generation, transmission, and distribution of electricity. It must operate an efficient electricity supply system, but only within its available resources and infrastructure capacity.
3/ Contracts with Consumers
ZESA provides electricity based on supply agreements, which include clauses limiting liability for outages due to:
•Load-shedding
•Maintenance
•Natural disasters
•Force majeure (e.g., equipment failure or power shortages).
4/ Load-Shedding & Constraints
ZESA is not obligated to ensure uninterrupted power. Courts & regulators recognize that load-shedding and outages often result from:
•Power generation deficits
•Outdated infrastructure
•Vandalism
•Regional electricity shortages.
5/ Court Rulings on ZESA’s Obligations
In Cheda v ZESA (SC 115/2001), the Supreme Court ruled ZESA isn’t liable for outages caused by operational constraints. The Nyika v ZETDC (HH 287/14) case confirmed ZESA is held to a standard of reasonableness, not perfection.
6/ Regulatory Oversight
The Zimbabwe Energy Regulatory Authority (ZERA) oversees ZESA and investigates complaints. However, ZERA also recognizes that ZESA’s obligations are limited by practical constraints, like resources and infrastructure.
7/ Consumer Remedies
If affected by outages, consumers can:
•File complaints with ZERA for unreasonable conduct.
•Sue for damages if ZESA’s negligence (e.g., power surges) causes harm.
•Explore alternative energy sources (e.g., solar). 🌞
8/ ⚖️ The Bottom Line:
ZESA must act reasonably to provide power but isn’t liable for outages caused by resource, operational, or external constraints. Courts balance ZESA’s mandate with its practical limitations.
Chasi’s tenure as Energy Minister, from May 2019 to August 2020, initially saw some progress in addressing the energy crisis. In February 2020, he reported that Zimbabwe was consistently meeting its debt obligations to Eskom, resulting in improved power supply.
“We are paying US$900 000 (monthly) and we have been able to meet our end of the agreement, which is an honourable thing to do as per our agreement,” he stated.
While the country still faced challenges due to limited generation capacity and the impact of drought, the situation showed signs of improvement. A combination of higher electricity tariffs to fund imports and increased inflows at Kariba Dam eased power outages which had lasted up to 18 hours at the peak of the crisis.
However, Chasi’s time in office was reportedly cut short after he found himself allegedly unknowingly fighting with the powers that be, particularly in the fuel sector. His dismissal in August 2020, as reported by the Chief Secretary to the President and Cabinet, Misheck Sibanda, was attributed to “his conduct of government business [becoming] inconsistent with the president’s expectations.”
Further reporting suggested that Chasi’s attempts to break Sakunda Holdings’ monopoly on the National Oil Infrastructure Company (NOIC) pipeline and his efforts to revive plans for a second fuel pipeline clashed with powerful interests within the sector.
His suspension of ZESA’s executive chairman, Sydney Gata, over corruption allegations, further fuelled tensions and ultimately contributed to his removal from office. Gata, it was alleged, was married to President Mnangagwa’s niece, and this relationship was cited as a factor in the conflict.
Since Chasi’s departure, the energy crisis has worsened significantly. The current minister, Edgar Moyo, has overseen a period of escalating power cuts and load-shedding, leaving many to question whether the government’s approach to resolving the crisis is effective.
The contrast between the relative stability during Chasi’s tenure and the current situation fuels the ongoing debate surrounding his potential return.
