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[1]             This is an application for leave to appeal against a judgment and order handed down on 8 June 2026.[1] The present application is brought by Eskom who was the second respondent in the main case. Nersa, the first respondent in the main case and whose decision was the subject of the review application initially also delivered a notice of application for leave to appeal but abandoned this course of action before the hearing of this application.

[2]             After carefully considering the judgment, the grounds upon which the application was advanced and both the written and oral arguments advanced by the parties, I am of the view that another Court would not come to a different conclusion or that there is any compelling reason for the grant of leave to appeal.

[3]             In the circumstances it is ordered:

[3.1]           The application for leave to appeal is refused with costs which costs are to include the costs consequent upon the employment of 2 counsel, on Scale C where so employed.