Business Report Economy

Eskom and Nersa suspend court battle over electricity trading licences

Yogashen Pillay|Published

Eskom and the National Energy Regulator of South Africa (NERSA) and trading partners have agreed to suspend legal proceedings.

Image: File

Eskom and the National Energy Regulator of South Africa (NERSA) and trading partners have agreed to suspend legal proceedings related to the granting of new trading licences.. The announcement was made on Friday following Eskom's i application proceedings in the High Court on 24 July seeking to review and set aside the decision of the NERSA to grant five electricity trading licences. The traders who NERSA granted licences to are Green Electron Market (Pty) Ltd, CBI Electric Apollo (Pty) Ltd, GreenCo Power Services (Pty) Ltd, Discovery Green (Pty) Ltd, and NOA Group Trading (Pty) Ltd.

The statement by Eskom and the trading partners said that following a period of constructive engagement and consultations between both parties, the parties have now jointly agreed to stay the review application.

“This agreement does not constitute a withdrawal of the review application but rather a procedural stay, pending the finalisation of the applicable regulatory framework. This decision reflects a shared intention to allow space for the ongoing regulatory processes relating to electricity trading rules and market design to proceed in an orderly and focused manner, without parallel litigation,” it said.

The statement added that the parties recognise the importance of regulatory certainty and clarity in supporting the evolution of South Africa’s electricity market.

“The parties consider the stay to be in broader public interest and supportive of South Africa’s transition towards a competitive, transparent, and well-regulated electricity trading framework,” Eskom said. 

The statement said that engagement between stakeholders will continue through the appropriate regulatory channels, with a view to contributing meaningfully to the development of clear, workable, and sustainable trading rules for the evolving electricity market. “Such rules, once finalised and implemented by NERSA, will apply to all entities engaged in trading activities, including Eskom.”

Agnes Mlambo, Acting Group Executive Eskom Distribution, said that Eskom remains committed to supporting the development of a fair, transparent, and sustainable electricity market that balances innovation, competition, and system stability.

“We believe that constructive engagement through the regulatory process will best serve the interests of customers, market participants, and the country as a whole,” she said. 

 

BUSINESS REPORT