“Act”

means the Competition Act No. 89 of 1998, as amended;

“Energy and Related Products and Services Suppliers”

means Firms that are suppliers of Energy and Related Products and Services, including all forms of energy supply;

“Energy and Related Products and Services”

means all forms of energy supply (including electricity, natural gas, liquified petroleum gas, diesel, liquified natural gas, paraffin), related products (e.g. inverters, batteries, solar panels, wind turbines, generators), inputs (e.g. coal) or services (e.g. storage, installation) in the supply of the energy to energy users;

“Electricity Supply Constraint”

means constraints in the supply of national energy requirements through the national grid;

“Energy Users”

means Firms that are users of energy supply, including all forms of energy supply;

“energy regulator”

means the National Energy Regulator of South Africa. a regulatory authority established as a juristic person in terms of section 3 of the National Energy Regulator Act. 2004 (Act No. 40 of 2004);

[Definition inserted by section 2 of Notice No. R. 6985, GG53921, dated 5 January 2026]

"HDP Firms”

means firms owned and controlled by historically disadvantaged persons in terms of section 3(2) of the Act;

"industry in distress"

means an industry determined by the dtic, for purposes of these Regulations, on a case-by-case basis after consultation with the energy regulator, as being in distress by considering, inter alia, whether the industry is experiencing a substantial exit by firms resulting in industry-wide job losses due to macro-economic challenges facing the South African economy;

[Definition inserted by section 2 of Notice No. R. 6985, GG53921, dated 5 January 2026]

“SMMEs”

means small business, micro business or medium-sized business as defined by the Minister in Government Gazette No.987 of 12 July 2019 or its successor in title, or business, as the context dictates and as defined by section 1 of the Act;

“the Commission”

means the Competition Commission, a juristic person established in terms of section 19 of the Act; and

“the dtic”

means the Department of Trade, Industry and Competition.