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

A joint submission by the Centre for Environmental Rights (CER) and Natural Justice (NJ) providing critical feedback on the Electricity Regulation Amendment Bill [B23 – 2023]. The organizations argue that the Bill fails to sufficiently promote a just transition from fossil fuels, lacks necessary protections against the privatization of the electricity grid, and contains provisions that could undermine transparency and public participation in energy planning and procurement.

• The Electricity Regulation Amendment Bill (ERAB) is criticized for failing to align with global decarbonization needs and the climate emergency. The submitters argue that the Bill misses an opportunity to integrate a strong clean energy transition component and should explicitly obligate decision-makers—including the Minister, NERSA, and the Transmission System Operator (TSO)—to prioritize the transition away from fossil fuels.
• The submitters oppose the 'competitive electricity trading' provisions, viewing them as a mechanism for the 'effective privatisation of the electricity delivery system'. They specifically highlight 'commercial wheeling agreements' as a clandestine form of privatization where commercial landlords use the public grid for private gain, potentially shifting systemic costs to the South African public.
• The Bill is described as having weak provisions for energy decentralization, specifically regarding small-scale embedded generation (SSEG) and community solar. The submitters argue that the proposed 100 kW threshold for excluding the Act's application is too low compared to the international standard of 1 MW, which hinders the growth of community-based renewable energy.
• There are significant concerns regarding the expansion of the Minister's discretionary powers over the Integrated Resource Plan (IRP) and section 34 determinations. The submitters object to the shift from joint decision-making with NERSA to a model where the Minister has the final say, arguing this 'depoliticises' electricity requirements and lacks necessary checks and balances.
• The submitters vehemently object to proposed amendments (sections 10(3) and 33(4)) that would allow the withholding of 'commercially sensitive' or 'confidential' information from the public. They argue these vague provisions contravene the Promotion of Access to Information Act (PAIA) and the Promotion of Administrative Justice Act (PAJA), potentially allowing the redaction of crucial public interest data such as tariffs and pricing.
• The public participation process for the Bill is criticized as being 'fast-tracked' and treated as a 'check-box' exercise. Furthermore, the submitters argue that the proposed amendments to section 11 regarding the publication of license applications are insufficient and inconsistent with PAJA regulations, calling for a minimum 60-day public comment period and national newspaper publication.

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} }