- Gauteng South High Court sets aside Eskom’s refusal of Sibanye Stillwater’s wayleave application.
- Judgment relates to proposed 50MW photovoltaic plant at Kloof Mine.
- Eskom reviewing ruling and considering next legal steps.
Eskom has noted the judgment delivered by the High Court of South Africa, Gauteng South Division on 18 February 2026 in a matter brought by Sibanye Stillwater and others concerning a wayleave application.
The dispute centred on Eskom’s refusal to grant Sibanye a wayleave to develop a 50MW behind the meter photovoltaic power plant intended to supply electricity to the company’s Kloof Mine. The proposed project includes a six kilometre power line that would cross Eskom’s 132kV distribution lines to connect the solar facility to a section of the Kloof substation owned and operated by Sibanye.
Eskom holds a servitude over the property on which Sibanye planned to construct the new power line, making its consent a regulatory requirement for the development to proceed.
According to Eskom, its position was guided by the need to ensure compliance with applicable regulatory standards and to safeguard the safety, stability and reliability of the national electricity network. The utility submitted several concerns to the court, including safety considerations and its statutory obligations, which it said formed the basis for declining the application. These reasons were also communicated to Sibanye during the application process.
Sibanye subsequently brought a review application under the Promotion of Administrative Justice Act seeking to set aside Eskom’s refusal and to substitute it with an order granting the wayleave. The High Court found in favour of Sibanye and set aside Eskom’s decision.
Eskom has confirmed that it is studying the judgment and its implications and will determine its next steps following consultation with its legal advisers. The utility remains within the prescribed legal timeframes to lodge an appeal.
Author: Bryan Groenendaal
