Energy expert Chris Yelland has criticised Eskom’s legal challenge against the National Energy Regulator of South Africa (Nersa), calling it “dangerously disingenuous” and a direct threat to much-needed electricity market reforms.
Eskom is taking Nersa to court over its 2024 decision to issue five new electricity trading licences, along with a cross-border trading licence. The power utility argues that these licences amount to a fundamental and unilateral change in national energy policy—one that could drastically reshape the current electricity landscape.
According to Eskom, Nersa has overstepped its mandate by enabling private sector players to enter the electricity trading space without adequate policy consultation. The utility contends that such moves could jeopardise the future of a coordinated national electricity supply.
However, Yelland believes Eskom’s stance undermines progress. He says the court challenge represents a full-frontal assault on long-overdue reforms aimed at opening up the power sector, encouraging competition, and ensuring a more resilient and diverse energy supply for South Africans.
The dispute underscores the growing tension between Eskom’s traditional role as the sole electricity provider and the push for greater liberalisation in the energy sector—a shift seen as essential to ending load-shedding and driving economic growth.


