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14 March 2023 | Story Prof Frikkie Maré | Photo Supplied
Prof Frikkie Mare
Prof Frikkie Maré is the Academic Departmental Head: Agricultural Economics, University of the Free State

Opinion article by Prof Frikkie Maré, Department of Agricultural Economics, University of the Free State.
President Cyril Ramaphosa recently announced a state of disaster due to the electricity crisis and the appointment of the new Minister of Electricity in the Presidency, Dr Kgosientsho Ramokgopa. Although there are many arguments for and against the state of disaster and the position of a Minister of Electricity, I think all South Africans agree that drastic measures must be taken to improve the current situation. However, I do not think the state of disaster, or the Minister of Electricity will bring any quick fixes to the table, and therefore we have to assume the crisis will remain in the short to medium term.

The Cause of the Crisis

As South Africans, our biggest crisis at this stage is load shedding. We are confronted with darkness daily, or even twice or thrice a day. Although the impact of load shedding varies according to the time of day it is implemented, it generally hinders us from doing our work, preparing food, and relaxing in front of the television after work. It directly impacts the quality of life of those who need electricity for oxygen machines for them to breathe. It causes damage to our electrical appliances, especially due to power surges when the electricity is turned back on. In short, load shedding is disrupting our lives. It is a nuisance we do not need, and the sooner it ends, the better.

Load shedding may be be a crisis for us as citizens, but it is Eskom’s solution to keep the national grid from collapsing. Thus, the real cause of the crisis is not load shedding but the inability of Eskom to supply enough electricity to meet the demand. The second big concern is the rising cost of electricity in South Africa. From 2007 to 2022, electricity prices increased by 653% in an attempt by Eskom to increase revenue to try and catch up with its heavy debt burden while simultaneously trying to maintain the current power stations and add some new generation capacity.

The problem

South Africa, up until load shedding started in 2007, was always praised as one of the countries in the world with the most stable electricity supply, and electricity was priced among the lowest in the world. Our economy thus developed around the national grid and is heavily reliant on it. Given the above, our food system faces three problems. First and most visible is load shedding that is causing interrupted national power supply and increasing production and processing costs as fuel generators and solar power must be relied on. Secondly, the cost of food production, processing, and distribution increases sharply as national electricity prices increase. Third, new investments in the food chain are discouraged as it is heavily reliant on electricity, which there is not enough of.

The impact

Over the last number of months, the media was full of the impact of load shedding on the food system in South Africa. Visually it ranged from photos and videos of withered irrigated crops which failed as there were not enough hours of electricity to supply water. There were pictures of chicken farms full of dead broilers that died when the heating and ventilation systems could not function during load shedding. Many articles also warned that load shedding would hurt food security in South Africa as it would not be possible to produce or process enough food.

These reported impacts of load shedding on food security caused quite a frenzy among consumers as people tend to run with what is announced in headlines without reading or understanding the context. Consumers immediately fear a situation where there will be insufficient food in South Africa as the headlines read that food security is under pressure.  

Yes, although all the photos, videos and articles in the news might be true and certainly do impact food security, we must also remember that food security is a combination of the availability and affordability of food.  

The impact of load shedding on food production depends on the type of production system. While load shedding has a minimal impact on extensive red meat production, it can be detrimental to intensive systems like poultry production, especially if electrical heating is used to regulate the temperature. It also negatively affects producers relying on irrigation to water their crops as the quality and quantity of the crop will be influenced.

The effect of load shedding can be severe on certain primary producers and even cause farming operations to close. Still, it will not necessarily result in a food shortage in the country as our primary agricultural sector is diverse. However, the price of certain commodities will increase due to a lower supply and higher production costs, negatively influencing food affordability.

The larger problem with load shedding can be found in terms of processing the food, especially fresh produce reliant on a sustained cold chain. For food safety and quality reasons, fresh produce must be kept at constant temperatures, and processors and distributors thus have no choice but to use expensive private electricity generation, further pushing up the cost of food.

Another problem is that, for example, the cold rooms of processors are connected to generators, as power failures might happen even when load shedding is not a problem. Still, the processing line cannot operate without grid-supplied electricity. Although there is thus enough food in the country on a commodity level, these commodities cannot be processed into final food products as fast as in the past. This bottle-neck effect further reduces the supply of food products and increases their price.

We often forget about the impact of load shedding on the consumers’ food choices. If you need electricity to prepare food, the availability of electricity at the time you need to prepare it will affect what you eat. The problem is that more affordable foods usually take longer to prepare, while the quick-to-prepare, ready-to-eat fast foods are expensive. The higher demand for these more expensive products due to load shedding puts further upward pressure on the price of food.

So where are the monsters?

The electricity crisis impacts all roleplayers in the food value chain, from primary producers to final consumers. Although load shedding is the most visible monster here, the fast-increasing price of electricity and the general electricity shortage that discourages future investment are also lurking in the dark and contributing to problems in the overall food system. In my opinion, the electricity crisis currently does not yet threaten food security in terms of availability. Still, it is creating a monster in terms of food prices (inflation) and thus making food less affordable.  

Although private solar power and fuel generators do assist in alleviating some of the influences of the electricity crises, it is not the solution. The problem with solar power, for users requiring large amounts of electricity, is that it is too expensive to install storage capacity (batteries) to use during the night. You also have a problem when it is overcast and rainy, so solar is a mere addition to supplement the national grid during the day. On the other hand, fuel generators can supply electricity 24 hours a day. Still, only the fuel cost to generate 1kW is double what Eskom charges, making it too expensive in the long run.

In my view, the only option to ensure the sustainability of the food value chain in future is to get the national electricity grid functional again. There are many short-term solutions, but none is currently sustainable enough to provide affordable energy needs. Although it will certainly take time to get Eskom fully functional again, I do not think we will run out of food in South Africa. However, we must tighten our belts to be able to afford food while the monsters lurk in the dark.


For more information contact Frikkie Maré at MareFA@ufs.ac.za

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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