Eskom Analyzes High Court Ruling on Sibanye Stillwater’s Power Plant Proposal

Johannesburg: Eskom is currently reviewing the high court judgment favoring Sibanye Stillwater regarding their application to develop a 50MW behind-the-meter Photovoltaic (PV) power plant. The judgment set aside Eskom's initial refusal of Sibanye's wayleave application, which aimed to supply electricity to Sibanye's Kloof Mine. According to South African Government News Agency, Eskom's intention was to facilitate Sibanye's application by ensuring it met regulatory requirements for safety, stability, and reliability of the national network. The power utility raised several concerns before the High Court, including safety considerations and statutory obligations, which were part of its reasons for declining the application. However, the court ruled in favor of Sibanye. The proposed PV plant is intended to connect to a section of the Kloof substation via a six-kilometer power line, crossing Eskom's 132kV distribution lines. This connection required Eskom's consent due to a servitude over the property where Sib anye planned to construct the power line. Sibanye subsequently filed a review application under the Promotion of Administrative Justice Act (PAJA) to overturn Eskom's refusal and obtain approval. Eskom is now studying the judgment and its implications, consulting with legal advisors to determine the next steps. The utility is within its legal timeframe to consider appealing the judgment. In a separate matter, Eskom has released the draft Medupi Power Station Flue Gas Desulphurisation assessment for public comment. This draft Cost Benefit Analysis (CBA) report follows a directive issued by the then Minister of Forestry, Fisheries and the Environment, Dr. Deon George, requiring an updated assessment for public input. The Medupi Power Station, located in Limpopo province, underwent an assessment by an independent service provider. The process aims to support an open and evidence-based review by the Ministry. The draft report and a non-technical summary are available for public comment from 24 February to 26 M arch 2026. Eskom encourages feedback from communities, environmental groups, industry representatives, government institutions, and other stakeholders.