IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent

This document is an affidavit filed by Shaun Kraut, a Senior Legal Administrative Officer in the Department of Mineral Resources and Energy, in a High Court case involving the City of Cape Town, NERSA, and the Minister of Energy. The affidavit outlines government measures to increase electricity generation capacity outside of Eskom, including draft regulations to allow municipalities to procure power from independent power producers and specific Ministerial Determinations for new capacity based on the Integrated Resource Plan (IRP) 2019.

• The President of South Africa announced in the February 13, 2020, State of the Nation Address that municipalities in good financial standing would be enabled to procure their own power from Independent Power Producers to address constrained energy supply.
• On May 5, 2020, the Minister of Mineral Resources and Energy published draft regulations (Government Notice No. 43277) to amend the 2011 electricity regulations on new generation capacity, allowing municipalities to procure power from independent power producers in alignment with the Integrated Resource Plan and municipal integrated development plans.
• The government is implementing measures to increase generation capacity outside of Eskom, which include the procurement of emergency power capable of delivering electricity to the grid within three to twelve months of approval.
• On February 18, 2020, the Minister issued a Section 34 determination for 2,000 MW of new generation capacity to address the immediate energy gap for the years 2019 to 2022, with a target grid connection date no later than December 2021.
• A second Section 34 determination was issued for 11,813 MW of capacity between 2022 and 2027, broken down by technology: 6,800 MW from renewable energy (PV and Wind) for 2022-2024, 513 MW from storage for 2022, 3,000 MW from gas for 2024-2027, and 1,500 MW from coal for 2023-2027.
• Under the Section 34 determinations, the Department of Mineral Resources and Energy acts as the procurer, while Eskom Holdings SOC Limited is designated as the buyer of the electricity produced by independent power producers.

APA

Centre for Environmental Rights (n.d.). IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent. https://cer.org.za/wp-content/uploads/2020/05/Second-Respondent’s-Further-Affidavit.pdf?x21779

Chicago

Centre for Environmental Rights. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent. n.d. https://cer.org.za/wp-content/uploads/2020/05/Second-Respondent’s-Further-Affidavit.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent |url=https://cer.org.za/wp-content/uploads/2020/05/Second-Respondent’s-Further-Affidavit.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndhigh, author = {{Centre for Environmental Rights}}, title = {{IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/05/Second-Respondent’s-Further-Affidavit.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }