Glencore Operations South Africa (Pty) Ltd and Others v National Energy Regulator of South Africa and Others (2023-074616)
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…
Source excerpt
- Electricity Regulation Act
- Municipal Surcharge
- Negotiated Pricing Agreement
- Administrative Action Review
- Municipal By Law Challenge
- Public Service Delivery