For months, South Africans have been told that Eskom has "paused" or "stayed" its legal challenge against the National Energy Regulator of South Africa (Nersa) over the granting of electricity trading licences to five private electricity traders.

The message, conveyed publicly by Eskom's leadership on 30 September 2025 and welcomed implicitly by policymakers, was meant to signal restraint, cooperation and a commitment to legislative and regulatory reform processes rather than litigation.

But court records now tell a very different story.

Follow us on WhatsApp | LinkedIn for the latest headlines

A directive issued by the Gauteng Division of the High Court on 31 October 2025 states, in plain and unambiguous language, that Eskom has since confirmed to the court that it is proceeding with its review application.

Far from the matter being put on ice pending the finalisation of electricity trading rules by Nersa, the directive records active procedural steps: responses to interlocutory notices, the preparation of confidentiality agreements, and the imminent production of the Rule 53 record by Nersa.

This contradiction raises uncomfortable questions - not only about Eskom's litigation strategy, but about transparency, governance and trust - at a moment when South Africa's electricity sector is meant to be moving decisively toward reform and competition.

The background: traders, licences and Eskom's court challenge

In 2024 and early 2025, Nersa granted electricity trading licences to five companies: CBI-electric Apollo, Discovery Green, Green Electron Market, GreenCo Power Services and NOA Group Trading.

These licences were a logical...