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

The City of Cape Town (CoCT) is challenging the National Energy Regulator of South Africa (NERSA) over the interpretation of section 34 of the Electricity Control Act (ECA). NERSA maintains that a Ministerial determination is required before it can license an independent power producer (IPP) to generate new capacity. The CoCT argues that section 34 is an empowering provision that does not preclude others from establishing generation capacity if licensed, and further contends that the section is unconstitutional as it interferes with the city's duty to provide electricity to its inhabitants.

• The National Energy Regulator of South Africa (NERSA) refuses 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) argues that section 34 of the ECA is an empowering provision for the Minister and does not prevent other parties from establishing and operating new generation capacity provided they are licensed by NERSA.
• The CoCT claims that section 34 of the ECA is unconstitutional and invalid because it interferes with the city's right and duty to provide electricity to its residents in the manner it deems best.

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} }