NERSA to appeal court order against their approval of 178 distributor tariff applications

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  • The National Energy Regulator of South Africa (NERSA) announced that, at its meeting held on Monday, 1 July 2024, the Energy Regulator considered the court order of the High Court of South Africa (Gauteng Division, Pretoria) in the AfriForum NPC v NERSA and Others case number 2023 โ€“ 042792 delivered on Friday, 28 June 2024, and has resolved to appeal the court order.

The court order follows AfriForumโ€™s urgent application regarding NERSAโ€™s processing of licenced electricity distributorsโ€™ tariffs applications (municipal and private distributors) for the 2024/25 financial year. The ruling comes after NERSA had completed the consideration and approval of 178 distributorsโ€™ tariffs applications for implementation on 1 July 2024. Read moreย 

The court order has an impact on distributors that have submitted their tariff applications to NERSA without cost of supply studies. With the leave to appeal having been filed, the Superior Courts Act, 2013 provides that an application for leave to appeal suspends the operation and execution of a decision, pending the outcome of the application. Consequently, NERSAโ€™s decisions still stand and distributors can proceed to implement the approved tariffs while the appeal is being processed.

Source: NERSA

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