Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

Local Government Affairs Media statements | Media statements

AfriForum questions constitutionality of NERSA’s secret Eskom settlement

ByAfriForum 29/08/202529/08/2025

AfriForum questions the constitutionality of the National Energy Regulator of South Africa (NERSA) secretly settling tariff disputes with Eskom behind closed doors. According to the civil rights organisation this practice may undermine the principles of transparency, accountability, and the protection of consumers, which NERSA is constitutionally obligated to uphold.

In its statement of 27 August, NERSA admitted to errors in its Multi-Year Price Determination (MYPD6) revenue decision and confirmed that Eskom will receive an additional R54 billion over three years. This will see electricity prices for the 2026/2027 and 2027/2028 financial year increase to nearly 9% per year, excluding further adjustments.

NERSA remained silent on this settlement until the media exposed the matter. AfriForum believes that withholding such critical information from the public, who will ultimately bear the cost, represents a serious breach of trust and gross negligence by the regulator.

“NERSA itself admits to the billions of rand worth of errors in its revenue calculations. By concluding a secret settlement with Eskom instead of subjecting the matter to full transparency and public participation, NERSA has acted in a way that may be unconstitutional and unlawful. Consumers should not carry the burden of the regulator’s mistakes,” says Morné Mostert, Manager of Local Government Affairs at AfriForum.

AfriForum stresses that NERSA is constitutionally and statutorily obliged to act in the public interest. Section 195 of the Constitution requires transparency and accountability in public administration, while the Promotion of Administrative Justice Act compels regulators to provide reasons for decisions that materially affect rights.

AfriForum will subsequently consult with its legal team regarding the constitutionality of NERSA’s secret settlement and consider further steps.

“Decisions on electricity tariffs must be lawful, fair and transparent. AfriForum will consult its legal team on whether NERSA’s decision to settle tariff disputes with Eskom in secret is constitutional and decide on further legal action to protect the interest of citizens,” Mostert adds.