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The National Union of Metalworkers of South Africa will go to court over its right to picket outside the National Energy Regulator of SA offices.
Numsa general secretary Irvin Jim said it will either be on Monday or Tuesday.
He said the legal papers were still being drafted.
Numsa plans to picket outside Nersa's offices in Arcadia in Pretoria for 18 hours from 6pm on Wednesday.
The picket is part of Numsa’s campaign against Eskom’s application for a 16 percent average annual increase between 2013 and 2018.
According to the union, Nersa should not grant the increase and Eskom should be given an inflation-related increase which must be implemented over three years instead of five.
The next three years must be used to come up with an alternative model for funding electricity generation.
