South Africas electricity sector is entering a decisive phase. Trading rules are being finalised, public hearings are scheduled and the policy intent behind the Electricity Regulation Amendment Act is clear: the system is meant to move away from a vertically integrated monopoly towards a competitive, rules-based electricity market, says Chris Yelland , MD of EE Business Intelligence.
Against this backdrop, Eskoms handling of its legal challenge against the National Energy Regulator of South Africa NERSA about electricity trading licences raises troubling questions about regulatory certainty, institutional alignment and trust.
For months, Eskoms public narrative has been that it has paused or stayed its High Court review application challenging NERSAs decision to grant electricity trading licences to five private companies. That message, conveyed publicly in late September, was widely interpreted as a signal that Eskom was stepping back from litigation in favour of engaging constructively in the regulator-led process to develop trading rules.
