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Coal Transporters Forum v Eskom Holdings Limited and Others (42887/2017) [2019] ZAGPPHC 76

27th March 2019

Click here to read the full judgment in Saflii

Electricity - Generation from renewable energy sources in line with government's policy decision to move towards a low-carbon economy and to incrementally introduce energy from private sector renewable energy technologies into the mix of energy sources • The Minister of Energy published Determinations relating to renewable energy under s 34(1) of the Electricity Regulation Act 4 of 2006 on 1 August 2011 and on 19 December 2012, in terms of which she determined, in consultation with the National Energy Regulator of South Africa, that 3 725 MW and a further 3 200 MW of new renewable energy capacity should be procured by Eskom from independent private producers (IPPs) through a procurement programme conducted by the Department of Energy • A bidding process followed and successful IPP bidders were announced - Eskom ultimately concluded power purchase agreements (PPAs) with all the successful IPP bidders, except with three of them.

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Contending that Eskom may not conclude PPAs with the IPPs until the Regulator has taken decisions on certain matters, the applicant seeks an order (a) interdicting Eskom from concluding PPAs with the IPPs until the Regulator has taken the decisions in question and (b) declaring invalid all the PPAs Eskom had already concluded. Application dismissed. 

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