- Eskom and five licenced traders agree to pause High Court review application.
- Decision allows regulatory process on electricity trading rules to proceed without parallel litigation.
- Parties cite public interest and need for regulatory certainty in evolving power market.
Eskom and five licensed electricity traders have agreed to suspend legal proceedings to allow for the development of new electricity trading rules in South Africa.
On 24 July 2025, Eskom initiated proceedings in the High Court to review and set aside the National Energy Regulator of South Africa’s (NERSA) decision to grant electricity trading licences to Green Electron Market, CBI Electric Apollo, GreenCo Power Services, Discovery Green and NOA Group Trading.
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Following a period of engagement and consultations between Eskom and the trader respondents, the parties have agreed to stay the review application. The stay does not amount to a withdrawal of the case but is a procedural pause pending the finalisation of the applicable regulatory framework governing electricity trading.
The agreement is intended to create space for ongoing regulatory processes related to trading rules and market design to proceed in an orderly and focused manner, without the distraction of parallel litigation.
The parties acknowledged the importance of regulatory certainty and clarity in supporting the continued evolution of South Africa’s electricity market. They said the stay is in the broader public interest and supports the country’s transition towards a competitive, transparent and well-regulated electricity trading framework.
Stakeholder engagement will continue through formal regulatory channels to help shape clear, practical and sustainable trading rules for the emerging market structure. Once finalised and implemented by NERSA, the new rules will apply to all entities involved in electricity trading, including Eskom.
Agnes Mlambo, Acting Group Executive for Distribution at Eskom, said the utility remains committed to supporting the development of a fair, transparent and sustainable electricity market that balances innovation, competition and system stability. She added that constructive engagement through the regulatory process will best serve customers, market participants and the country as a whole.
Author: Bryan Groenendaal
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