Wednesday, 25 February 2026: Eskom notes the judgment delivered by Adams J on 18 February 2026 in the High Court of South Africa, Gauteng South Division, in a matter brought by Sibanye‑Stillwater and others (“Sibanye”).
Eskom’s intention was always to facilitate Sibanye’s wayleave application by ensuring it met the applicable regulatory requirements that maintain the continued safety, stability and reliability of the national network, and to provide a consistent application of the rules. Eskom raised several concerns before the High Court, including safety considerations, in its discretion to refuse the wayleave application, as well as its statutory obligations. All these concerns were communicated to Sibanye as part of the reasons for declining Sibanye’s application. However, the High Court found in Sibanye’s favour.
In brief, the matter concerned Eskom’s refusal of Sibanye’s wayleave application to develop a 50MW behind the meter Photovoltaic (PV) power plant to supply electricity to Sibanye’s Kloof Mine. The intention was to connect the PV plant to a section of the Kloof substation owned and operated by Sibanye, via a six-kilometre power line which will cross Eskom’s 132kV distribution lines. This required Eskom’s consent as it holds a servitude over the property where Sibanye wanted to build a power line to connect to its Kloof substation.
Thereafter, Sibanye brought a review application under PAJA to set aside Eskom’s refusal to grant it the wayleave and substitute with an order granting its application.
Eskom is studying the judgment and its implications and will determine the appropriate next steps following consultation with its legal advisors. In the meantime, Eskom is within its timeframes as contemplated by the law to appeal the above judgment.
About Eskom and Electricity – Renewable Energy Strategy: Eskom is working towards reducing its carbon footprint and increasing renewables.
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Anton Rupert – Dr. Anton Rupert founded the Rembrandt Group in the 1940s. After initially focusing on the tobacco industry (Peter Stuyvesant), his company soon moved into industrials and luxury goods. Rembrandt has since been split into Remgro (an investment company with financial, mining and industrial interests) and Richemont (a Swiss-based luxury goods group). Rupert was also a founding member of the WWF (World Wildlife Fund) in the 1960s. His son Johan has since turned Richemont into one of the largest luxury goods companies in the world.