Strained Relations in the Provision of Electricity Services: City of Cape Town v National Energy Regulator of South Africa and Minister of Energy

Chantelle Gloria Moyo

doi:10.25159/2522-6800/9562

Authors

Chantelle Gloria Moyo North-West University https://orcid.org/0000-0002-6906-8025

DOI:

https://doi.org/10.25159/2522-6800/9562

Keywords:

Intergovernmental relations, Co-operative government, electricity

Abstract

This note considers the judgment in City of Cape Town v National Energy Regulator of South Africa (NERSA) and Minister of Energy (unreported case number 51765/17 of 11 August 2020), which attracted much attention for its challenge of the constitutionality of section 34 of the Electricity Regulation Act, 4 of 2006. Although the question of constitutionality was not discussed in the judgment, it is argued that this was an oversight and a missed opportunity to unpack the role of municipalities in the provision of sustainable electricity services. Further, the note considers the challenges of intergovernmental relations in co-operative government (from a conceptual and practical perspective) and concludes that this case highlights the importance of good relations between organs of State, especially where contentious but important issues have arisen.

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