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Coal Transporters Forum v Eskom Holdings Ltd and others

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.

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Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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