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[1]             This is an application to review and set aside the decision of the first respondent (Nersa) to amend the Electricity Distribution Licence (Edl) granted to the second respondent (Eskom) to include in it the Mooikloof Mega City Development. The decision was made on 10 February 2023.

[2]             The applicants (Tshwane) seek two orders:

[2.1]       A declaration that the Mooikloof Mega City, Rietfontein 375-JR, is an area included in Schedule 1 to Tshwane's electricity licence number NER/D/TSHWANE granted by Nersa on 13 October 2011; and

[2.2]       A declarator that Nersa's decision of 10 February 2023 to include the Mooikloof Mega City, Rietfontein 375-JR into Eskom's licensed area of supply be declared unlawful, invalid, and reviewed and set aside.

[3]             Tshwane brings the review under section 10(3) of the National Energy Regulator Act[1] (NERA), read together with section 31 of the Electricity Regulation Act[2] (ERA), and on the principle of legality. The orders are opposed by both Nersa and Eskom.

[4]             The Farm Rietfontein 375-JR (the Farm) is part of the site of the Mooikloof Mega City Development. Historically, this area fell under the jurisdiction of the Kungwini Local Municipality, which was subsequently dis-established. In 2008, the entire area was transferred to the municipal authority of Tshwane.

[5]             On 22 September 2011, Nersa granted Tshwane an electricity distribution licence listing the Farm as one of the areas for electricity supply. The Farm appears in Schedule 1 to the licence as "1926 Rietfontein 375-JR," which also encompasses subdivided portions of the Farm.