On Thursday, 29 March 2018, Michael Evans, a Partner in the Public Law Practice at Webber Wentzel attorneys helped to achieve a significant victory for the Independent Power Producers (IPPs) when the Pretoria High Court struck from the roll an urgent interdict application brought by the National Union of Metal Workers of South Africa (NUMSA) and a Gupta-linked entity, Transform RSA.  NUMSA and Transform were supported by the Coal Transporters Forum.

Collectively they were seeking to stop the Minister, Eskom and the IPPs from signing the Power Purchase Agreements (PPAs) which have been awaiting signature for more than two years. Webber Wentzel represented 26 IPPs.

The matter was argued on Tuesday, 27 March 2018 and Judge Fourie handed down judgment on Thursday, 29 March 2018, ruling that the applicants had failed to establish urgency and therefore striking it from the roll, with the applicants to pay the costs of the IPPs, the Minister, Eskom and NERSA. 

The implications of this ruling are significant.  27 PPAs can now be signed.  Cumulatively they will result in R56 billion being invested in South Africa, more than 12,000 jobs being created and ultimately more than 2200MW of clean energy being added to the grid.

Please contact us if you would like to speak to Michael Evans about this significant ruling.