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Why Independent Electrical Inspections Matter: Lessons from Mlonyeni v Eskom Holdings SOC Limited

Link: https://www.saflii.org/za/cases/ZAECMHC/2025/70.html

When an electrical dispute ends up before a court, opinions are not enough. What matters is credible, objective evidence.

The judgment in Mlonyeni v Eskom Holdings SOC Limited (2323/23) [2025] ZAECMHC 70 is another reminder that technical disputes involving electrical installations, alleged supply failures and electrical damage are determined by the quality of the evidence presented. Parties must prove not only that damage occurred, but also what caused it.

This is precisely why the Occupational Health and Safety Act recognises the important role of Approved Inspection Authorities (AIAs).

Section 39(5)(b) of the Occupational Health and Safety Act provides that the findings of an Approved Inspection Authority constitute evidence of the matters contained in its report. Parliament recognised that disputes involving electrical safety require independent organisations with the technical competence, impartiality and accredited systems necessary to investigate complex electrical issues.

Unlike contractors, suppliers or manufacturers, an AIA has no commercial interest in the outcome of a dispute. Its responsibility is to inspect, test and report objectively in accordance with recognised standards and accredited inspection procedures.

This becomes particularly important where claims are made against electricity suppliers following alleged power surges, neutral failures or other supply-related incidents. Establishing whether the damage originated from the supplier’s network, the electrical installation itself or defective equipment requires careful technical investigation. Assumptions are seldom enough to prove liability.

Timing is equally important. Electrical evidence can disappear quickly as damaged components are replaced or installations are repaired. Obtaining an independent inspection as soon as possible helps preserve evidence that may later prove critical in insurance claims, negotiations or litigation.

At BravoScan, we believe that independent inspections are about establishing the facts. As a SANAS-accredited Approved Inspection Authority, we conduct impartial inspections in accordance with the Occupational Health and Safety Act, the Electrical Installation Regulations and recognised inspection standards, providing reliable evidence that assists consumers, contractors, insurers and legal practitioners alike.

When an electrical dispute arises, independent evidence is often your strongest protection. An Approved Inspection Authority provides more than an inspection. It provides confidence that the facts have been established objectively and professionally.

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