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National Energy Regulator Act, 2004 (Act No. 40 of 2004)

Chapter II : National Energy Regulator

10. Decisions of Energy Regulator



(1) Every decision of the Energy Regulator must be in writing and be—
(a) consistent with the Constitution and all applicable laws;
(b) in the public interest;
(c) within the powers of the Energy Regulator, as set out in this Act, the Electricity Act, the Gas Act and the Petroleum Pipelines Act;
(d) taken within a procedurally fair process in which affected persons have the opportunity to submit their views and present relevant facts and evidence to the Energy Regulator;
(e) based on reasons, facts and evidence that must be summarised and recorded; and
(f) explained clearly as to its factual and legal basis and the reasons therefor.


(2) Any decision of the Energy Regulator and the reasons therefor must be available to the public except information that is protected in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).


(3) Any person may institute proceedings in the High Court for the judicial review of an administrative action by the Energy Regulator in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).


(a) Any person affected by a decision of the Energy Regulator sitting as a tribunal may appeal to the High Court against such decision.
(b) The procedure applicable to an appeal from a decision of a magistrate’s court in a civil matter applies, with the changes required by the context, to an appeal contemplated in paragraph (a).