letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf

The National Energy Regulator of South Africa (NERSA) responded to a request from the Centre for Environmental Rights regarding the Integrated Resource Plan for Electricity, 2019. NERSA argues that its role in the development of the plan is limited to consultation with the Minister of Energy, which does not constitute an administrative action requiring separate public consultation.

• NERSA distinguishes between the requirement to 'concur' on determinations under section 34(1) of the Electricity Regulation Act and the requirement to be 'consulted' during the development of the integrated resource plan under regulation 4(1) of the New Generation Regulations. NERSA asserts that because the Minister is only required to consult the Regulator for the integrated resource plan, the Regulator's comments do not constitute an administrative decision as they lack "direct, external legal effect".
• NERSA maintains that providing comments on the integrated resource plan is an internal matter that does not require public consultation, distinguishing this process from the ruling in Earthlife Africa Johannesburg and Another vs Minister of Energy and Others. In that case, the court found that a decision to concur with the Minister was an administrative decision requiring public consultation under the National Energy Regulator Act and the Promotion of Administrative Justice Act, but NERSA argues this does not apply to the integrated resource plan.
• NERSA confirms it was consulted by the Minister regarding the integrated resource plan and provided comments, and notes its understanding that the Minister conducted their own public consultation for the plan.

APA

Centre for Environmental Rights (n.d.). letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf. https://cer.org.za/wp-content/uploads/2020/05/LETTER-CENTRE-FOR-ENVIRONMENT-RIGHTS-CER-NICOLE-LOSER-30-APRIL-20.._.pdf?x21779

Chicago

Centre for Environmental Rights. letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf. n.d. https://cer.org.za/wp-content/uploads/2020/05/LETTER-CENTRE-FOR-ENVIRONMENT-RIGHTS-CER-NICOLE-LOSER-30-APRIL-20.._.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf |url=https://cer.org.za/wp-content/uploads/2020/05/LETTER-CENTRE-FOR-ENVIRONMENT-RIGHTS-CER-NICOLE-LOSER-30-APRIL-20.._.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndlettercentreforenvironmentrightscernicoleloser30april204df1542817b32b97pdf, author = {{Centre for Environmental Rights}}, title = {{letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/05/LETTER-CENTRE-FOR-ENVIRONMENT-RIGHTS-CER-NICOLE-LOSER-30-APRIL-20.._.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }