Eskom, NERSA and the Trader Respondents have agreed to suspend legal proceedings to enable the development of the new trading rules
On 24 July 2025, Eskom Holdings SOC Ltd (“Eskom”) initiated application proceedings in the High Court seeking to review and set aside the decision of the National Energy Regulator of South Africa (“NERSA”) to grant five electricity trading licences, namely those issued to Green Electron Market (Pty) Ltd, CBI Electric Apollo (Pty) Ltd, GreenCo Power Services (Pty) Ltd, Discovery Green (Pty) Ltd, and NOA Group Trading (Pty) Ltd (collectively, the “Trader Respondents”).
Following a period of constructive engagement and consultations between Eskom and the Trader Respondents, the parties have now jointly agreed to stay the review application. This agreement does not constitute a withdrawal of the review application but rather a procedural stay, pending the finalisation of the applicable regulatory framework. This decision reflects a shared intention to allow space for the ongoing regulatory processes relating to electricity trading rules and market design to proceed in an orderly and focused manner, without parallel litigation.
The parties recognise the importance of regulatory certainty and clarity in supporting the evolution of South Africa’s electricity market.
The parties consider the stay to be in broader public interest and supportive of South Africa’s transition towards a competitive, transparent, and well-regulated electricity trading framework. Engagement between stakeholders will continue through the appropriate regulatory channels, with a view to contributing meaningfully to the development of clear, workable, and sustainable trading rules for the evolving electricity market. Such rules, once finalised and implemented by NERSA, will apply to all entities engaged in trading activities, including Eskom.
“Eskom remains committed to supporting the development of a fair, transparent and sustainable electricity market that balances innovation, competition and system stability,” said Agnes Mlambo, Acting Group Executive Eskom Distribution. “We believe that constructive engagement through the regulatory process will best serve the interests of customers, market participants and the country as a whole,” concluded Mlambo.
