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Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2

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Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2

13th February 2020

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[1]        This is an application for urgent relief ("Part A") by the applicant ("Eskom") pending an application in terms of the Promotion of Administrative Justice Act[1] ("PAJA") for judicial review and setting aside of a decision taken by the first respondent (National Energy Regulator of South Africa ("NERSA")) in relation to an application by Eskom for electricity tariff increases for the 2019/2020, 2020/2021 and 2021/2022 financial years ("Part B").

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[2]        In its Notice of Motion Eskom seeks the following interim order:

1.          Condonation for non-compliance with the Rules of Court relating to service and time periods and Part A be heard on semi-urgent basis in terms of Rule 6(12).

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2.          An order directing that, pending the finalisation of the review in Part B:

a.           Eskom be authorised to increase each of its standard tariffs for 2020/2021 financial year, excluding the Homelight tariff, by 16,60% over the corresponding tariffs for the 2019/2020 financial year;

b.           Eskom is authorised to increase each of its standard tariffs for 2021/2022, excluding the Homelight tariff, by 16,72% over the corresponding tariffs for 2020/2021 financial year;

c.          Eskom is authorised to impose on municipalities in the 2020/2021 and 2021/2022 financial years, the tariffs increased in accordance with a. and

b.          above, provided that these tariffs are tabled before Parliament on or before 15 March 2020.

3.          Costs in Part A to be costs in Part B.

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