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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.

GreenCape has issued RFP SIDAFF 01/2025 to appoint a Professional Service Provider for the project preparation of two water infrastructure projects in the Swartland Municipality. Project A involves upgrading the Swartland Water Treatment Works from 29Ml/d to 40Ml/d (est. R305 million), and Project B involves upgrading the bulk pipeline between Malmesbury and Darling (est. R200 million). The preparation must follow ECSA guidelines and IFC/World Bank environmental and social standards, focusing on technical feasibility, financial bankability, and climate resilience. The procurement is phased, with initial stages fixed-fee and later stages based on confirmed project costs.

This case study examines the Darling Green Solar Project in Swartland Municipality, demonstrating how short-term power purchase agreements (PPAs) and the Municipal Finance Management Act (MFMA) can be used to integrate renewable energy into municipal grids while maintaining financial flexibility.