Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023)
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…
Source excerpt
- Electricity Regulation Act
- Loadshedding
- Interim Interdict
- Municipal Powers
- Statutory Obligations