Eskom has launched a fresh legal bid to ensure that the automatic reintroduction of a R23-billion equity injection to its allowable revenue in 2021/22, as granted by the High Court in July, is not negated by the fact that the National Energy Regulator of South Africa (Nersa) has been granted leave to appeal of the judgment. In her July 28 judgment, Judge Fayeeza Kathree-Setiloane ruled that Nersa had acted illegally in 2019 when it removed a R69-billion government equity injection from the State-owned utility’s allowable revenue when adjudicating Eskom’s fourth multiyear price determination (MYPD4).
