S. African High Court Rejects Suit over Content Requirements in 2GW Tender

  • South African court has rejected a local requirement exemption suit brought against the MNRE.
  • The RMIPPPP tendered 2GW of tech-neutral capacity in August last year.

The Gauteng Division of South Africa’s High Court has rejected a lawsuit filed over content rules in the country’s recent 2GW tech-neutral Risk Mitigation Independent Power Producer Procurement Programme (RMIPPPP) tender. Suntech Solar Power South Africa’s had filed a suit challenging the alleged exemptions granted to solar module providers ARTsolar and Seraphim Solar South Africa with regards to compliance with the local content requirements of the tender. Suntech Solar Power South Africa described the exemptions as “unlawful,” stating that it excludes other module suppliers from competitively participating in the RMIPPPP.

ArtSolar says: “Whilst a clearly orchestrated plan was set in motion which sought to tarnish our good name and reputation as the only 100% South African owned photovoltaic manufacturer, we are glad that the Court saw through this and dismissed this ill-conceived application with costs.”

The RMIPPPP attracted 28 bid responses with a potential contracted capacity of approximately 5.12 GW. The DMRE selected eight preferred bids totalling 1.85 GW. About 60 per cent of the tendered capacity was awarded to floating power plants powered by liquefied natural gas and several solar PV projects. These projects, however, had to compete to ensure that they and their technologies meet local content requirements.

 

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