PG Group (Pty) Ltd and Others v National Energy Regulator of South Africa and Another (57506/2013) [2016] ZAGPPHC 1119 (4 October 2016)

PG Group (Pty) Ltd and Others v National Energy Regulator of South Africa and Another (57506/2013) [2016] ZAGPPHC 1119 (4 October 2016)

The court found that NERSA was statutorily required to adopt and apply a methodology for determining maximum gas prices, and that this methodology was binding when NERSA made its pricing decisions. The applicants failed to challenge the adoption of the methodology within the 180-day period prescribed by PAJA, and no facts were presented to justify the delay or to warrant an extension in the interests of justice. The applicants, being large corporations with access to legal advice, could have brought the review timeously. Consequently, the delay was unreasonable per se, and the court lacked authority to entertain the review application. The application was dismissed on the basis of undue...

Citation
[2016] ZAGPPHC 1119
Parties
Applicant: PG Group (Pty) Ltd; Applicant: The South African Breweries (Pty) Ltd; Applicant: Consol Glass (Pty) Ltd; Applicant: Nampak Limited; Applicant: Mondi Limited; Applicant: Distribution & Warehousing Network Ltd; Applicant: Illovo Sugar South Africa Limited; Respondent: National Energy Regulator of South Africa; Respondent: Sasol Gas Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 October 2016
Case Number
57506/2013
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
A.A. Louw
Legal Topics
Judicial Review Under Paja, Delay in Review Applications, Regulation of Gas Prices, Methodology for Price Determination
Administrative Law Civil Procedure Judicial Review Under Paja Delay in Review Applications Regulation of Gas Prices Methodology for Price Determination

Case Brief

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Parties

PG Group (Pty) Ltd

Applicant

The South African Breweries (Pty) Ltd

Applicant

Consol Glass (Pty) Ltd

Applicant

Nampak Limited

Applicant

Mondi Limited

Applicant

Distribution & Warehousing Network Ltd

Applicant

Illovo Sugar South Africa Limited

Applicant

National Energy Regulator of South Africa

Respondent

Sasol Gas Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' review of NERSA's decisions was brought within the time limits prescribed by PAJA.
  2. 2 Whether NERSA's adoption of the gas pricing methodology constituted a binding rule or merely a policy.
  3. 3 Whether the delay in bringing the review application should be condoned in the interests of justice.

Ratio Decidendi

The court found that NERSA was statutorily required to adopt and apply a methodology for determining maximum gas prices, and that this methodology was binding when NERSA made its pricing decisions. The applicants failed to challenge the adoption of the methodology within the 180-day period prescribed by PAJA, and no facts were presented to justify the delay or to warrant an extension in the interests of justice. The applicants, being large corporations with access to legal advice, could have brought the review timeously. Consequently, the delay was unreasonable per se, and the court lacked authority to entertain the review application. The application was dismissed on the basis of undue...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, including the costs of two counsel.