The National Energy Regulator of South Africa (Nersa), on May 13, said it would approach the High Court to seek an extension of the May 11 deadline imposed by the court on February 20 to finalise the consideration and approval of 14 outstanding municipal and private distributors’ tariff applications for the 2026/27 financial year.

Nersa approved 162 of the 176 tariff applications received on March 31, 2026, within the prescribed timeframe by May 11.

Fourteen applications were not approved, with seven considered but identified as having information outstanding and/or requiring enhancements, and a further seven not considered before the deadline.

Nersa could not proceed with consideration of the remaining 14 applications outside the judicially set timelines, as this would have constituted a breach of the court order and a contempt of court, the regulator said.

Additionally, proceeding outside the timelines would have exposed the validity of the approved tariffs. Its inability to have the 14 remaining applications considered and approved, despite being submitted within the required timeline, would cause regulatory disruption, it added.

While the non-consideration resulted from the expiry of the court’s prescribed period, the affected licensees must have their tariffs approved for implementation from July 1, 2026.

“To enable the consideration and finalisation of the outstanding applications, Nersa would approach the High Court on an urgent basis to seek permission to consider the applications, after expiry of the court order deadline, and because Nersa cannot appropriate the relevant powers to itself outside of the court order.”

The Electricity Regulation Act prohibits licensees from charging tariffs that have not been approved by the energy regulator. The Act also requires the regulator to approve electricity prices and tariffs.

Therefore, all efforts to ensure the sustainability of the regulatory framework are vital, and approaching the High Court for appropriate relief is the only option available.

Nersa will communicate with the 14 affected licensees on the way forward, it said.