Eskom says it is reviewing the implications of a Gauteng High Court judgment that set aside the utility’s refusal to grant a wayleave for a 50 MW behind-the-meter solar photovoltaic (PV) project planned by Sibanye-Stillwater.
In a statement issued on February 25, Eskom confirmed that the ruling relates to a PV plant intended to supply electricity to the Sibanye-Stillwater Kloof Mine. The project includes a 6 km facility line that would cross Eskom’s 132 kV distribution infrastructure, requiring the utility’s consent because it holds a servitude over the property.
According to Eskom, its original decision was based on regulatory and safety considerations. The utility said its intention was to ensure the application complied with requirements aimed at maintaining “the continued safety, stability and reliability of the national network” and that concerns raised during the process were communicated to the applicant as reasons for declining the wayleave.
The matter was subsequently brought before the High Court under the Promotion of Administrative Justice Act where Sibanye-Stillwater sought a review of Eskom’s refusal. The court found in favour of the applicants and set aside the utility’s decision.
The judgment relates to a proposed solar PV installation designed for self-supply at the mine with the connection infrastructure crossing Eskom’s servitude area.
Eskom said it is studying the judgment and consulting with legal advisors to determine its next steps, noting that it remains within the legal timeframe to lodge an appeal.
