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A letter from the IPP Office to the Centre for Environmental Rights providing an update on the Coal Baseload Independent Power Producers Procurement Programme, specifically regarding bid validity extensions for two preferred bidders.

The Centre for Environmental Rights (CER) sent a letter to the South African National Treasury on 16 November 2018 seeking clarification on a partial response to a Promotion of Access to Information Act (PAIA) request. The request concerned financial guarantees and agreements related to the Thabametsi and Khanyisa coal-fired power station projects under the Coal Baseload Independent Power Producers Procurement Programme (CBIPPP).

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.