1. The matter is awaiting judicial management to determine the date for the hearing. The exchanges between the parties have been completed save for the filing of Heads of Arguments which the date for their submission will be determined by the judicial management.
2. The City of Cape Town Metro took the decision of NERSA for a judicial review and the matter is also going to be subjected to judicial management as the exchanges between the parties has been completed.
3. There is no court interim order received by the City of Cape Town Metro to charge a tariff in excess of NERSA approved tariffs.
a) The City of Cape Town Metro unilateral implementation of unapproved tariff is unlawful and in breach of its distribution licence condition.
b) NERSA is not aware of any the lawful instrument that can entitle the City of Cape Town Metro to unilateral implement unapproved tariffs.
c) Electricity Regulation Act, 2006 enables customer to refer a complaint to NERSA for dispute resolution or for NERSA to sit as a tribunal to enforce compliance or a full drawn out legal process before courts.
d) NERSA has never done an audit of it because of a variety of challenges.
4. As per NERSA’s procedures in the case of non-compliance with licence conditions, NERSA requested a meeting with the City of Cape Town Metro, however the request was turned down by the City, stating that they have a lodged a review case on this matter with the High Court. NERSA is the respondent in the case. It was NERSA’s considered view that since the matter is before Courts, it was prudent to await outcome of the Court proceedings before proceeding with its processes.
5. Currently the City and NERSA are in court dealing with tariff matters of 2022/23 and 2023/24. The two matters are at a judicial management stage before a judge and the outcome of the two matters will address the effect of the conduct of the City on customers and what remedies should be implemented to correct the wrong that have been done and the period within which such remedies should be implement.