- The National Energy Regulator of South Africa (NERSA) welcomes the ruling by the High Court of South Africa (Gauteng Division) delivered on 5 December 2024, which dismissed AfriForum’s application to execute the court order of 8 July 2024.
The 8 July 2024 judgement required municipalities that failed to base their tariff applications on the cost of supply studies to implement the NERSA-approved tariffs for the 2023/24 financial year. Read more
AfriForum was seeking to have the High Court judgement of 8 July 2024 implemented whilst the appeal process that was granted to NERSA by the Supreme Court of Appeal is underway. Had the court granted AfriForum’s order, certain decisions of the Energy Regulator on municipal tariff applications made in June 2024 would have been invalid.
With the application having been dismissed, the June 2024 decisions of the Energy Regulator to approve municipal tariffs for the 2024/25 financial year remain valid in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), read with the National Energy Regulator Act, 2004 (Act No. 40 of 2004).
NERSA’s says the court’s ruling underlines principle of providing regulatory certainty in its decisions.
Author: Bryan Groenendaal
