AfriForum will appear in the High Court in Pretoria on Friday, 29 November, to push for over 100 municipalities to refund consumers for unlawful electricity tariffs implemented on 1 July.
This follows a recent Supreme Court of Appeal decision granting the National Energy Regulator of South Africa (Nersa) and the South African Local Government Association (Salga) leave to appeal a June High Court ruling that declared the tariff increases unlawful.
The appeal will be heard by a full bench of the High Court at a later date.
AfriForum, however, is invoking Section 18(3) of the Superior Courts Act to ensure the June judgment is enforced while the appeal process unfolds.
The civil rights group argues that millions of consumers are enduring irreparable harm from the continued application of these unlawful tariffs.
According to Section 18(3), courts may permit the implementation of decisions if delaying enforcement would cause irreparable damage.
AfriForum argues that the financial burden on consumers justifies immediate action.
The June ruling found Nersa’s approval of municipal tariff increases unlawful due to the absence of required cost-of-supply studies – a key component under the Electricity Regulation Act.
Despite this ruling, 180 licensed electricity distributors implemented the increases, with only 70 having conducted these studies.
Morné Mostert, AfriForum’s Manager for Local Government Affairs, reiterated the urgency of enforcing the High Court’s decision.
“It may take months, and for as long as the implementation of the invalid tariffs continues, the impact increases by the day. Consumers are now – despite a court ruling that already ruled months ago that the increases are unlawful and invalid – still being punished for municipalities and Nersa’s mismanagement. The correction of Nersa’s error must not be prolonged at the expense of consumers,” said Mostert.
Mostert also warned that the impact on prepaid power consumers in particular was extensive and resulted in an administrative nightmare.
“However, the compensation or crediting of consumers is now essential and urgent,” said Mostert.
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