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

Chapter II : National Energy Regulator

8. Meetings of Energy Regulator



(a) The Energy Regulator must meet at such times and places as may be determined by the chairperson.
(b) The chairperson must convene such meetings of the Energy Regulator as are necessary for the proper performance of its functions.


(2) The chairperson must, upon a written request of the chief executive officer or two other members, convene a special meeting to be held within two weeks after the date of receipt of such request.


(3) If the chairperson is absent from a meeting of the Energy Regulator the deputy chairperson must chair the meeting.


(4) If both the chairperson and the deputy chairperson are absent from a meeting the chairperson must designate another part-time member to chair that meeting.


(5) Unless other procedures are prescribed by the Energy Regulator, the chairperson of any meeting of the Energy Regulator must determine the procedures to be followed at such meeting.


(6) The quorum for any meeting of the Energy Regulator is a majority of its serving members or four members, whichever is the greater.


(a) A decision of the majority of the members present at a meeting constitutes a decision of the Energy Regulator.
(b) In the event of an equality of votes on any matter the person chairing the meeting has a casting vote in addition to his or her deliberative vote.


(8) No decision taken by the Energy Regulator is invalid merely because of a vacancy on the Energy Regulator or because any person not entitled to sit as a member sat as such at the time when the decision was taken if the rest of the members present at the meeting and entitled to sit as members at the meeting constituted a quorum and the decision was taken by a majority of those members present and entitled to vote.


(a) Any meeting of the Energy Regulator must be open to the public unless the meeting passes a resolution to the effect that, for the part of the meeting concerned, the information to be discussed during that part of the meeting would create a record that would in oblige the Energy Regulator to refuse access to that information in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
(b) If the Energy Regulator takes a decision in any other manner than at a formal meeting, such decision comes into effect after it has been reduced to writing and signed by a majority of the members and it must be submitted for noting at the first formal meeting of the Energy Regulator following the decision.
(c) The Energy Regulator must cause a record of all of its proceedings to be kept.


(a) The Energy Regulator may establish subcommittees of its members to perform such functions of the Energy Regulator as it may determine, including conducting hearings and enquiries and sitting as a tribunal.
(b) The Energy Regulator must determine the composition of a subcommittee.
(c) The Energy Regulator may at any time dissolve or reconstitute a subcommittee.
(d) The Energy Regulator must designate a member of a subcommittee as chairperson of that subcommittee.
(e) This Act applies, with the changes required by the context, to a subcommittee established in terms of this section.
(f) The Energy Regulator is not absolved from the performance of any function entrusted to a subcommittee.


(11) The Energy Regulator must make rules concerning the manner in which notice of meetings to be held and the business to be conducted thereat is brought to the attention of the public.