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Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter III : Electricity Licences and Registration

21. Powers and duties of licensee

 

(1) A licence issued in terms of this Act empowers and obliges a licensee to exercise the powers and perform the duties set out in such licence and this Act, and no licensee may cede, transfer any such power or duty to any other person without the prior consent of the Regulator.

 

(2) A licensee may not discriminate between customers or classes of customers regarding access, tariffs, prices and conditions of service, except for objectively justifiable and identifiable differences approved by the Regulator.

 

(3) A transmission or distribution licensee must, to the extent provided for in the licence, provide non-discriminatory access to the transmission and distribution power systems to third parties.

 

(4) Access in terms of subsection (3) must be provided on the conditions set out in the licence of such transmitter or distributor, that may relate to—
(a) the circumstances under which access must be allowed;
(b) the circumstances under which access may be refused;
(c) the strengthening or upgrading of the transmission or distribution power system in order to provide for access, including contributions towards such upgrading by the potential users of such systems, if applicable;
(d) the rights and obligations of other existing or new users regarding the use of such power systems;
(e) compliance with any rule, code or practice made by the Regulator; or
(f) the fees that may be charged by a licensee for the use of such power system.

 

(5) A licensee may not reduce or terminate the supply of electricity to a customer, unless—
(a) the customer is insolvent;
(b) the customer has failed to honour, or refuses to enter into, an agreement for the supply of electricity; or
(c) the customer has contravened the payment conditions of that licensee.

 

[Section 21, previously section 22,  renumbered by section 16(b) of Act No. 28 of 2007]