The Pretoria high court has rejected Eskoms R54bn tariff claw back deal with the National Energy Regulator of South Africa Nersa, citing a lack of public participation in the out of court settlement agreement which will result in electricity tariff increases nationally.
The proposition put by Nersa and Eskom, that a major amendment could be made to the tariff decision without public participation, is untenable and offends the principle of transparency enshrined in the act National Energy Regulator Act and the Electricity Regulation Act, said judge Jan Swanepoel, rejecting the confirmation of the settlement by Nersa and Eskom as a court order.
The confirmation of the settlement was vital for Eskom to increase tariffs to make additional income of R54bn in the next two financial years and R18bn of the amount to be recovered after 2027/28.