Eskom has filed a High Court application to review and set aside approval of five electricity trading licences and one import/export licence by the National Energy Regulator of South Africa (NERSA), arguing that the decisions were made without a proper regulatory framework.
The application, lodged on July 29 in the Gauteng division of the High Court, names NERSA and five trading entities (Green Electron Market, CBI Electric Apollo, GreenCo Power Services, Discovery Green and NOA Trading) as respondents. Eskom argues the licences allow traders to “cherry pick” profitable customers without contributing to the cross-subsidies built into Eskom’s regulated tariffs.
NERSA has previously confirmed that formal trading rules are under development and expected to be finalised in 2026.
“Eskom is not against competition per se,” says energy expert Vally Padayachee, citing Eskom’s 374-page court submission. “However, it is essential that this competition occurs on a level playing field where all participants adhere to the same regulations, standards and rules. This legal challenge against NERSA constitutes a critical focal point for the future of electricity trading in South Africa,” he says.
