coct-heads-f8ffde8673eda46e.pdf

This document contains the Applicant's Heads of Argument and Practice Note filed by the City of Cape Town in the High Court of South Africa (Gauteng Division, Pretoria). The City is seeking a declaratory order regarding the interpretation of section 34 of the Electricity Regulation Act 4 of 2006 (ERA), arguing that a ministerial determination is not required for an independent power producer (IPP) to establish a new power plant and supply electricity to the City. The City contends that the current interpretation held by the National Energy Regulator of South Africa (Nersa) and the Minister of Energy is either legally incorrect or unconstitutional as it infringes upon the autonomy of local government.

• The City of Cape Town seeks a court order declaring that a ministerial determination under section 34 of the Electricity Regulation Act 4 of 2006 is not required for an independent power producer (IPP) to establish a new power plant and supply electricity to the City.
• The City argues that section 34 of the ERA is a "permissive, enabling provision" that allows the Minister to take initiative for new generation capacity but does not prohibit others from establishing such capacity without the Minister's consent.
• Nersa and the Minister of Energy maintain that a new power plant cannot be licensed or established without a prior ministerial determination under section 34 of the ERA.
• The City applied for a section 34 determination on 3 November 2015, but the Minister failed to determine the application, stating in May 2017 that all such applications were placed "on hold".
• The City's energy strategy includes a target of 20% renewable and clean energy supply by 2020, with a specific goal to purchase 100MW of large-scale renewable energy and 300MW of other cleaner energy.
• The City contends that if section 34 is interpreted as a prohibition, it is unconstitutional because it violates the autonomy of local government and its duty to provide basic services and protect the environment.
• The City argues that the dispute is not an intergovernmental dispute subject to the Intergovernmental Relations Framework Act 13 of 2005 because Nersa is an independent statutory body and not part of any sphere of government.
• The City identifies other entities and municipalities that have pursued independent renewable energy procurement, including the Ekurhuleni Metropolitan Council, eThekwini Metropolitan Council, and the Nelson Mandela Bay Municipal Council.

APA

Centre for Environmental Rights (n.d.). coct-heads-f8ffde8673eda46e.pdf. https://cer.org.za/wp-content/uploads/2019/11/CoCT-Heads.pdf?x21779

Chicago

Centre for Environmental Rights. coct-heads-f8ffde8673eda46e.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/11/CoCT-Heads.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=coct-heads-f8ffde8673eda46e.pdf |url=https://cer.org.za/wp-content/uploads/2019/11/CoCT-Heads.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndcoctheadsf8ffde8673eda46epdf, author = {{Centre for Environmental Rights}}, title = {{coct-heads-f8ffde8673eda46e.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/11/CoCT-Heads.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }