Minister of Electricity v African Climate Alliance ZASCA: Appeal Moot Due to IRP 2025

• The South African Supreme Court of Appeal declared the appeal in *Minister of Electricity v African Climate Alliance* moot.
• This decision, referenced as [2026] ZASCA 146, was handed down on October 30, 2026.
• The appeal became moot because IRP 2025 superseded the previous IRP 2019.
• Consequently, any new coal procurement now requires a fresh Section 34 determination compliant with the Electricity Regulation Act.
• This ruling clarifies the regulatory requirements for future coal-fired power projects in South Africa.

Any future procurement of coal-fired power now necessitates a new determination under Section 34 of the Electricity Regulation Act, ensuring compliance with that statute.

The South African Supreme Court of Appeal (SCA) recently issued a significant ruling in the case of *Minister of Electricity and Energy v African Climate Alliance and Others*, identified by case number 516/2025 and citation [2026] ZASCA 146, delivered on October 30, 2026. The court determined that the appeal before it had become moot, effectively closing the chapter on the specific legal challenge it addressed.

This declaration of mootness stemmed directly from a pivotal development in South Africa's energy policy landscape: the Integrated Resource Plan (IRP) 2025 had officially superseded the earlier IRP 2019. As a direct consequence of this supersession, the SCA clarified that any future procurement of coal-fired power now necessitates a new determination under Section 34 of the Electricity Regulation Act, ensuring compliance with that statute. This decision by the ZASCA 146 2026 judgment underscores a critical shift in the regulatory requirements for energy projects.

South Africa's energy planning is primarily guided by its Integrated Resource Plan, a comprehensive blueprint for electricity infrastructure development. The IRP 2019 previously outlined the country's generation capacity expansion plans, including provisions for various energy sources. However, with the formal adoption and implementation of IRP 2025, the foundational planning document for the nation's energy future has been updated, rendering the previous plan obsolete for new projects.

Central to the regulatory framework for new electricity generation capacity is Section 34 of the Electricity Regulation Act. This section empowers the Minister to make determinations regarding new generation capacity, specifying the type, size, and timing of such capacity. The SCA's ruling emphasizes that the legal basis for any new coal procurement must now align with the current IRP 2025 and be supported by a fresh Section 34 determination that is fully compliant with the Electricity Regulation Act. This ensures that all new energy initiatives are legally sound and reflect the most current national energy strategy.

The *Minister of Electricity v African Climate Alliance ZASCA* decision holds substantial implications for the South African energy sector, particularly for stakeholders involved in coal-fired power generation or procurement. The ruling clarifies that the legal landscape for initiating new coal projects has fundamentally changed, with the previous IRP 2019 no longer serving as the operative planning document. This means that any entity planning new coal procurement must now navigate the requirements of IRP 2025.

Lawyers advising clients in the South African energy sector, especially those focused on coal-fired power generation or procurement, must note that any new coal procurement now requires a fresh Section 34 determination compliant with the Electricity Regulation Act, following the supersession of IRP 2019 by IRP 2025. This ruling clarifies the current regulatory framework for new coal projects, ensuring that future developments are aligned with the updated national energy strategy and the Electricity Regulation Act. The fact that the South Africa energy planning appeal moot status was confirmed highlights the dynamic nature of energy policy and the need for continuous vigilance regarding regulatory changes.

Lawyers advising clients in the South African energy sector, particularly on coal-fired power generation or procurement, must note that any new coal procurement now requires a fresh Section 34 determination compliant with the Electricity Regulation Act, following the supersession of IRP 2019 by IRP 2025. This ruling clarifies the current regulatory framework for new coal projects.

Source: Original reporting via South African Supreme Court of Appeal.