26 March 2019
High Court of the Republic of South Africa, Gauteng Division, Pretoria
Case no. 42887/2017
Date: 26 March 2019
Judge: Meyer J
In this matter, the Coal Transporters Forum (CTF) brought an application in the High Court for an order interdicting Eskom to conclude power purchasing agreements (PPAs) with renewable energy independent power producers until the National Energy Regulator of South Africa (NERSA) has taken decisions on certain matters in terms of the Electricity Regulation Act, 2006 and declaring invalid the agreements already concluded.
The application was dismissed with costs. The Court dismissed the interdict application on the basis that most of the decisions that CTF contended NERSA should take before the conclusion of PPAs had been concluded had in fact already been taken and the others did not have to be taken before the conclusion of PPAs. It also held that CTF should have challenged the decisions already taken y way of legality review or administrative review in terms of the Promotion of Administrative Justice Act, 2000.