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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.
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Document type: Briefing