City in precedent-setting case to procure power
The first of a two-day hearing on local governments’ rights to procure electricity from independent power producers began in the Gauteng High Court (Pretoria) yesterday.
The City of Cape Town, the Mineral Resources & Energy Minister, and the National Energy Regulator – with the Centre for Environmental Rights (CER) as amicus curiae – headed to a virtual court sitting before Judge Leonie Windell.
A Cape Times report says the precedent-setting case will determine municipalities’ legal power to procure electricity under the Electricity Regulation Act without having to seek permission from the Minister.
The regulations allow a municipality to apply to the Minister for a determination in terms of section 34 of the Act, and require that this determination be made in accordance with the national Integrated Resource Plan for electricity.
The city contends that it is free to generate and procure electricity in accordance with its statutory responsibilities to provide a secure electricity supply.
The city is also looking into the options for self-build.
The CER said the constitutional obligations of local government were a central focus of the case.
The CER contends that, not only does local government have a duty to provide affordable and accessible electricity services to people, but it also must provide clean and healthy electricity which does not give rise to harmful air and water pollution.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
