Energy regulator welcomes court judgement on revenue determination and tariff approval of Eskom MYPD5

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  • The National Energy Regulator of South Africa (NERSA) welcomes the judgement of the High Court of South Africa (Gauteng Division, Pretoria) delivered on 1 December 2023.
  • The judgement dismissed the judicial review applications on NERSA’s revenue determination and tariff approval of Eskom’s fifth Multi-Year Price Determination (MYPD5) application for the 2023/24 and 2024/5 financial years.

The judgement follows applications by the Democratic Alliance (DA) and the South African Local Government Association (SALGA), respectively, to review the NERSA decision on Eskom’s fifth Multi-Year Price Determination (MYPD5) revenue application for the 2023/24 and 2024/25 financial years, made on 12 January 2023.

The High Court found that ‘when all is considered and the detailed and extensive reasons furnished by NERSA are compared with the attacks on its decisions, none of the review grounds pass muster. All relevant factors have properly and in detail been considered, the conclusions reached were neither arbitrary nor irrational and the issue of cross-subsidisation was considered at the appropriate stage. The High Court therefore found that both the review applications of the DA and SALGA must fail.’

NERSA is in the process of studying the full judgement.

Author: Bryan Groenendaal


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