Rural Maintenance (Pty) Ltd and Others v Eskom Holdings SOC Ltd and Another (2023/027739) [2023] ZAGPJHC 354

21st April 2023

Rural Maintenance (Pty) Ltd and Others v Eskom Holdings SOC Ltd and Another (2023/027739) [2023] ZAGPJHC 354

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[1] This is an urgent application in which the applicants seek an order preserving the status quo pending the resolution of the dispute between them and the first respondent, Eskom Holdings SOC Ltd (Eskom), in terms of section 40 of the Electricity Regulation Act of 2004.

[2] The status quo that the applicants seek to preserve concerns the self-load shedding on behalf of the Mafube Local Municipality (Municipality) by the second applicant, Rural Maintenance Free (Pty) Ltd. The authority to conduct the self-load shedding by the second applicant is a consequence of the agreement concluded between the Municipality and the first applicant, Rural Maintenance (Pty) (Ltd). In terms of that agreement, the first applicant was entitled to appoint any of its subsidiaries to perform the function of managing the distribution of electricity for the Municipality.