COMMENT ON THE ELECTRICITY REGULATION AMENDMENT BILL [B23 – 2023]

The submission argues that the Electricity Regulation Amendment Bill [B23 – 2023] lacks sufficient provisions for a just transition, energy decentralisation, and transparency. It specifically criticises the potential for grid privatisation through wheeling agreements, the lack of regulatory support for energy storage and small-scale embedded generation (SSEG), and the expansion of Ministerial discretion over the Integrated Resource Plan (IRP) and procurement processes. The authors also object to proposed confidentiality clauses that could limit public access to licence applications and call for stronger public participation requirements aligned with PAJA and PAIA.

• The authors oppose the 'competitive electricity trading' provisions, arguing they could lead to the privatisation of the electricity delivery system, which they view as a public asset that should serve to alleviate energy poverty.
• The Bill is seen as neglecting energy decentralisation and the role of 'prosumers'. The authors recommend incorporating policies for the rapid development of embedded generation, net metering compensation, and community solar programs to empower impoverished communities.
• There are concerns that commercial wheeling agreements are acting as a 'clandestine form of privatisation', where commercial landlords use the public grid for private gain, potentially shifting systemic costs to the South African public.
• The submission objects to proposed amendments that increase the Minister's discretionary power over the Integrated Resource Plan (IRP) and s34 determinations, arguing that these decisions should be subject to more rigorous checks and balances and NERSA's concurrence.
• The authors strongly oppose the insertion of sections 10(3) and 33(4), which would allow commercially sensitive information in licence applications to be withheld from the public, arguing this contravenes the Promotion of Access to Information Act (PAIA) and the Promotion of Administrative Justice Act (PAJA).

APA

Centre for Environmental Rights (2023). COMMENT ON THE ELECTRICITY REGULATION AMENDMENT BILL [B23 – 2023]. https://cer.org.za/wp-content/uploads/2024/01/CER-and-NJ-Joint-Submission-ERA-Bill-13102023.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENT ON THE ELECTRICITY REGULATION AMENDMENT BILL [B23 – 2023]. 2023. https://cer.org.za/wp-content/uploads/2024/01/CER-and-NJ-Joint-Submission-ERA-Bill-13102023.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENT ON THE ELECTRICITY REGULATION AMENDMENT BILL [B23 – 2023] |date=13 October 2023 |url=https://cer.org.za/wp-content/uploads/2024/01/CER-and-NJ-Joint-Submission-ERA-Bill-13102023.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2023comment, author = {{Centre for Environmental Rights}}, title = {{COMMENT ON THE ELECTRICITY REGULATION AMENDMENT BILL [B23 – 2023]}}, publisher = {Centre for Environmental Rights}, year = {2023}, month = oct, url = {https://cer.org.za/wp-content/uploads/2024/01/CER-and-NJ-Joint-Submission-ERA-Bill-13102023.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }