CENTRE FOR ENVIRONMENTAL RIGHTS: PRACTICE NOTE

This practice note outlines the legal proceedings in the High Court of South Africa (Gauteng Division, Pretoria) regarding Case No. 51765/2017. The City of Cape Town is seeking a declaratory order stating that a section 34 determination under the Electricity Regulation Act is not necessary to establish a new power plant for the city. The Centre for Environmental Rights (CER) is applying to be admitted as amicus curiae to address issues concerning the transition to renewable energy and the environmental impacts of coal-fired power stations.

• The City of Cape Town is seeking a legal ruling that a determination under section 34 of the Electricity Regulation Act is not a prerequisite for establishing a new power plant to provide electricity to the city.
• The Centre for Environmental Rights (CER) seeks admission as amicus curiae to argue several points, including whether the state's duty to the environment requires facilitating a transition to renewable electricity and whether South Africa's reliance on coal-fired power stations necessitates a rapid transition away from coal due to impacts on human health and the climate.
• The legal issues to be determined include whether requiring a section 34 Determination creates regulatory barriers that prevent municipalities from procuring renewable energy and fulfilling constitutional obligations.

APA

Centre for Environmental Rights (n.d.). CENTRE FOR ENVIRONMENTAL RIGHTS: PRACTICE NOTE. https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL-practice-note.pdf?x21779

Chicago

Centre for Environmental Rights. CENTRE FOR ENVIRONMENTAL RIGHTS: PRACTICE NOTE. n.d. https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL-practice-note.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=CENTRE FOR ENVIRONMENTAL RIGHTS: PRACTICE NOTE |url=https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL-practice-note.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndcentre, author = {{Centre for Environmental Rights}}, title = {{CENTRE FOR ENVIRONMENTAL RIGHTS: PRACTICE NOTE}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL-practice-note.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }