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

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.