AfriForum Welcomes Pretoria High Court Ruling on Eskom and NERSA Tariff Dispute
Lobby group AfriForum has welcomed a recent Pretoria High Court ruling that rejected an attempt by Eskom and the National Energy Regulator of South Africa (NERSA) to resolve their tariff dispute behind closed doors, describing the decision as a major victory for South African households already under financial pressure.
The ruling comes after the power utility and the energy regulator approached the court seeking approval for a confidential settlement agreement related to disputed electricity tariffs. The court’s refusal to allow the matter to be settled privately has been hailed as a win for transparency, accountability, and consumer protection.
According to AfriForum, the rejected settlement would have had serious consequences for electricity users across the country. Had it been approved, Eskom would have been allowed to recover at least R54 billion from consumers through steep tariff increases, placing an additional burden on households already struggling with the high cost of living.
AfriForum Says Court Ruling Protects Consumers From Unfair Eskom Tariff Hikes
The Pretoria High Court’s decision means that Eskom and NERSA must now publicly account for their actions instead of quietly resolving the matter away from public scrutiny. AfriForum, which intervened in the case in October, argued that the proposed settlement undermined the principles of transparency and fairness, particularly given the far-reaching impact electricity price increases have on ordinary South Africans.
Earlier in 2025, NERSA admitted to making a multi-billion-rand error in the calculation of electricity tariffs. This admission raised serious concerns about regulatory oversight and competence. AfriForum has consistently maintained that consumers should not be punished for mistakes made by regulatory authorities or state-owned entities.
If the court had ruled in favour of Eskom and NERSA, households would have faced an additional 8% electricity tariff increase in the 2026/7 financial year, on top of other increases already approved. Many consumers are still grappling with the financial effects of previous tariff hikes, fuel price increases, and rising food costs.
AfriForum believes that allowing Eskom to recover billions through higher tariffs would have effectively shifted the cost of regulatory failures onto the public. The organisation argued that this would set a dangerous precedent, where errors by regulators could routinely be corrected at the expense of consumers without proper accountability.
In a statement following the ruling, AfriForum stressed that neither Eskom nor NERSA is above the law. The organisation emphasised that all institutions, particularly those with a direct impact on citizens’ daily lives, must be held accountable when they fail to perform their duties correctly.
AfriForum’s local government affairs manager, Morné Mostert, said the ruling reinforces the importance of legal oversight in protecting the public. He noted that electricity is an essential service and that decisions affecting its cost must be made transparently and in accordance with the law.
“AfriForum will continue to act as a watchdog to ensure that South Africans are not forced to pay the price for regulatory failure,” Mostert said. He added that the organisation’s involvement in the case was motivated by the need to protect households from unjustified financial strain.
The court’s decision also sends a broader message about governance and accountability in South Africa’s energy sector. Eskom, which has faced ongoing operational and financial challenges, remains under intense public scrutiny. At the same time, NERSA’s role as an independent regulator has come into question following its admission of errors in tariff calculations.
For AfriForum, the ruling is not just about electricity prices, but about upholding the rule of law and ensuring that public institutions operate in the best interests of citizens. The organisation has indicated that it will continue monitoring developments in the case and will not hesitate to take further legal action if consumers’ rights are threatened.
As South Africa continues to navigate energy instability, load shedding, and rising living costs, decisions around electricity tariffs remain highly sensitive. The Pretoria High Court ruling has provided some relief to households, at least for now, by preventing an immediate financial blow linked to past regulatory mistakes.
While the legal process is not yet over, AfriForum maintains that transparency and accountability must remain central to any future decisions involving Eskom and NERSA. For many consumers, the ruling represents a rare moment where the interests of ordinary households have been prioritised over institutional convenience.
In an environment where trust in public institutions is often strained, AfriForum’s involvement in the case underscores the role civil society organisations can play in holding powerful entities accountable — and ensuring that South Africans are not left footing the bill for failures beyond their control.
