City of Cape Town v The National Energy Regulator of South Africa and the Minister of Energy

The City of Cape Town (CoCT) has initiated legal action against the National Energy Regulator of South Africa (NERSA) and the Minister of Energy regarding the requirement of a Ministerial determination under section 34 of the Electricity Control Act (ECA) for licensing Independent Power Producers (IPPs).

• The National Energy Regulator of South Africa (NERSA) is refusing to process license applications for Independent Power Producers (IPPs) to establish new capacity without a Ministerial determination issued under section 34 of the Electricity Control Act (ECA).
• The City of Cape Town (CoCT) contends that section 34 of the ECA is an empowering provision for the Minister rather than a restrictive one, and further argues that the section is unconstitutional as it interferes with the city's duty to provide electricity to its residents.
• The CoCT has requested a court order to declare that a section 34 determination is not required for an IPP to create capacity and sell electricity to the city; alternatively, that the section be declared unconstitutional, or that the Minister resolve the CoCT's application for a determination dated 3 November 2015 within one month.

APA

Melissa (2017). City of Cape Town v The National Energy Regulator of South Africa and the Minister of Energy. Centre for Environmental Rights. https://cer.org.za/virtual-library/case-watch/city-of-cape-town-v-the-national-energy-regulator-of-south-africa-and-the-minister-of-energy

Chicago

Melissa. City of Cape Town v The National Energy Regulator of South Africa and the Minister of Energy. Centre for Environmental Rights, 2017. https://cer.org.za/virtual-library/case-watch/city-of-cape-town-v-the-national-energy-regulator-of-south-africa-and-the-minister-of-energy.

Wikipedia

{{cite report |last1=Melissa |title=City of Cape Town v The National Energy Regulator of South Africa and the Minister of Energy |publisher=Centre for Environmental Rights |date=28 July 2017 |url=https://cer.org.za/virtual-library/case-watch/city-of-cape-town-v-the-national-energy-regulator-of-south-africa-and-the-minister-of-energy |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{melissa2017city, author = {Melissa}, title = {{City of Cape Town v The National Energy Regulator of South Africa and the Minister of Energy}}, institution = {Centre for Environmental Rights}, year = {2017}, month = jul, url = {https://cer.org.za/virtual-library/case-watch/city-of-cape-town-v-the-national-energy-regulator-of-south-africa-and-the-minister-of-energy}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }