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South Africa decisions
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St Benedict's Abbey NPO v Eskom Holdings SOC Limited (2025/096450) [2025] ZALMPPHC 129 (2 July 2025)
The High Court dismissed an urgent bid to stop Eskom from disconnecting electricity, finding the applicant had not met the test for an interim interdict.
E.M and Another v Eskom Holdings Limited (39072/2020) [2025] ZAGPPHC 285 (17 March 2025)
The High Court dismissed a claim for fatal electrocution, holding that section 25 of the Electricity Regulation Act did not apply to vandalised power lines.
Balt and Another v Mogale City Local Municipality and Others (2024-146054) [2025] ZAGPPHC 125 (3 February 2025)
The High Court dismissed an urgent challenge to municipal electricity tariff increases because NERSA, as the approving regulator, was not joined.
Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023) [2024] ZASCA 177; 2025 (3) SA 78 (SCA) (18 December 2024)
The Supreme Court of Appeal held that the curtailment agreement between Sonae and the municipality was not valid or enforceable, as it was not in writing and did not comply with the statutory requirements of the NRS048-9: 2019 Code of Practice. Sonae failed to demonstrate that its factory used 80% of the substation's supply or that the agreement met the Code's formalities. Eskom was not a party to the agreement and was statutorily obliged to assume responsibility for loadshedding when the municipality failed to comply with load reduction instructions. The Codes bind all parties and mandate Es…
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T.S.M obo S.B.M v Eskom Holdings Limited SOC and Another (3967/2020) [2024] ZAFSHC 274 (5 September 2024)
The High Court granted absolution from the instance in a minor’s electricity-injury claim against Eskom, finding no proof that Eskom owned or controlled the powerline.
Molapo v Emalahleni Local Municipality (4146/2021) [2024] ZAMPMHC 32 (30 May 2024)
The High Court dismissed a damages claim arising from an electrocution at a municipal substation, finding the municipality had rebutted the statutory presumption of negligence.
Quipsell Trading 1007 (Pty) Ltd ta Elephant Coast Convinience Centre v Eskom Holdings SOC Ltd (2024/013800) [2024] ZAGPJHC 281 (12 March 2024)
The High Court ordered Eskom to restore electricity to the applicant’s premises within 48 hours, rejecting urgency, impossibility, and non-joinder objections.
Glencore Operations South Africa (Pty) Ltd and Others v National Energy Regulator of South Africa and Others (2023-074616) [2023] ZAGPJHC 1305 (10 November 2023)
The court found that NERSA's exclusion of the Rustenburg Smelter from the long-term negotiated pricing agreement was unjustified and procedurally unfair. The evidence established that Eskom, not the Rustenburg Local Municipality, is the de facto supplier of electricity to the Rustenburg Smelter, and RLM does not provide any infrastructure or services in respect of the Smelter Substation. The RLM's attempt to impose a 6.1% surcharge was not supported by evidence of actual service rendered and was motivated by a desire to recoup historical losses and future municipal status, rather than any cur…
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T.S.M obo S.B.M v Eskom Holdings Limited SOC and Another (3967/2020) [2023] ZAFSHC 343 (31 August 2023)
The court found that, although there was no direct evidence of ownership or responsibility for the electrical infrastructure, the presumption of negligence under section 25 of the Electricity Regulation Act applies to licensees such as the defendant. The evidence presented by the plaintiff, including witness testimony and photographs, met the minimum threshold for the case to proceed. Furthermore, where liability is disputed and multiple parties may be responsible, the interests of justice require that the matter be decided on all available evidence. Therefore, the application for absolution…
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Sonae Arauco (SA) Pty Ltd v Mbombela Local Municipality and Others (3151/2023) [2023] ZAMPMBHC 44; [2023] 4 All SA 543 (MM) (16 August 2023)
The court granted an interim interdict preventing load shedding at Sonae Arauco’s factory, finding a valid load-curtailment arrangement and urgent risk of harm.
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