No petition, no appeal, warns AfriForum about NERSA’s plans

AfriForum today emphasised that the civil rights organisation has not yet received any notification from the National Energy Regulator of South Africa (NERSA) regarding its apparent plans to approach the Supreme Court of Appeal in its attempt to push through unlawful and invalid municipal power tariff increases. This even though the energy regulator today claimed to the parliamentary Portfolio Committee on Electricity and Energy that it will turn to the Supreme Court of Appeal to appeal against the High Court judgment of 19 August.

According to this judgment, NERSA’s application for leave to appeal was dismissed. NERSA brought this application in response to the High Court’s decision, made in AfriForum’s favour in June this year, and confirmed that NERSA’s decision to consider municipalities’ applications for power tariff increases without the required cost-of-supply studies as unlawful and invalid. Therefore, all municipalities that have not submitted cost-of-supply studies must again implement the power tariffs approved for the 2023/2024 financial year.

Morné Mostert, AfriForum’s Manager of Local Government Affairs, condemned NERSA’s evasive approach, which has been followed so far. “Despite several attempts by AfriForum to directly enter into discussions with NERSA on the matter, the regulator prefers to discuss their plans in parliament rather than enter into discussion with the very organisation that obtained the order against them,” explains Mostert.

AfriForum will consult with its legal team to examine the possibility of obtaining an order to ensure that the High Court’s decision is implemented, amid a possible appeal period. Furthermore, the organisation encourages consumers to proceed, in terms of Section 102 of the Municipal Systems Act, and launch a dispute process against municipalities that implement illegal power tariff increases.

“AfriForum has not yet received any documentation that suspends the legal force of the High Court order and therefore we will continue to encourage consumers to stand up against the illegal and invalid increases that NERSA seems to want to implement at all costs,” concludes Mostert.