Eskom publicly announced a stay on its legal challenge against Nersa's electricity trading licences, but court records show the case is proceeding. The discrepancy has raised questions about transparency in South Africa's energy sector reforms. Minister Kgosientsho Ramokgopa had urged restraint to support regulatory progress.
In mid-2025, Eskom launched a High Court review application in the Gauteng Division challenging the National Energy Regulator of South Africa's (Nersa) decision to grant electricity trading licences to five private companies: CBI-electric Apollo, Discovery Green, Green Electron Market, GreenCo Power Services, and NOA Group Trading. These licences, issued in 2024 and early 2025, align with the Electricity Regulation Amendment Act, 2024, aimed at fostering competition in the electricity market and reducing Eskom's monopoly.
Energy and Electricity Minister Kgosientsho Ramokgopa intervened in August 2025, publicly urging Eskom to withdraw or stay the litigation. He argued that ongoing court action could undermine Nersa's efforts to develop electricity trading rules, emphasizing the need for constructive engagement in the reform process.
On 30 September 2025, during its financial results presentation, Eskom CEO Dan Marokane stated that the company had placed a “stay” on the review application to allow Nersa's rule-making to proceed. Media reports portrayed this as a pause in response to the minister's calls, signaling cooperation.
However, a court directive dated 31 October 2025 reveals a different picture. It records that Eskom confirmed to the court it is proceeding with the application. The directive outlines active steps, including Eskom's response to a Rule 7(1) notice, drafting of confidentiality agreements, and preparation of the Rule 53 record by Nersa.
Eskom attributed the lack of a stay to the trader respondents, claiming they refused to agree and insisted on progression or abandonment. One trader denied ever being approached for a stay and noted the court was never informed of such a request. Another described Eskom's statements as factually incorrect or incomplete, pending internal processes.
This dual messaging—to the public and court—has eroded trust at a critical time. With Nersa public hearings on trading rules set for 27 January 2026, the ongoing litigation threatens investment and market confidence, hindering South Africa's shift toward a competitive electricity sector.
