City of Cape Town v National Energy Regulator of South Africa (51765/17)
City of Cape Town v National Energy Regulator of South Africa (51765/17) [2020] ZAGPPHC 800 (11 August 2020)
The court held that the disputes between the City, the Minister, and NERSA are intergovernmental disputes as defined by section 41 of the Constitution and the Framework Act. All parties are organs of state, and the dispute concerns statutory powers and functions. The City failed to comply with the mandatory dispute resolution procedures prescribed by the Framework Act before approaching the court. The court found no urgency or exceptional circumstances justifying condonation of non-compliance. The City's efforts to engage with the Minister and NERSA were insufficient and did not constitute re…
Source excerpt
- Electricity Regulation Act
- Intergovernmental Dispute
- Cooperative Government
- Ministerial Determination
- Licensing Of Power Generation
- Constitutional Validity