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

Chapter III : Electricity Licences and Registration

23. Electricity infrastructure not fixtures


(1) Any asset belonging to a licensee that is lawfully constructed, erected, used, placed, installed or affixed to any land or premises not belonging to that licensee, remains the property of that licensee notwithstanding the fact that such an asset may be of a fixed or permanent nature.


(2) An asset belonging to a licensee in terms of subsection (1)—
(a) may not be attached or taken in execution under any process of law, or be the subject of any insolvency or liquidation proceedings, instituted against the owner of the land, the landlord or the occupier of the premises concerned;
(b) may not be subjected to a landlord’s hypothec for rent; and
(c) may only be validly disposed of or otherwise dealt with in terms of a written agreement with the licensee.


[Section 23, previously section 24, renumbered by section 16(b) of Act No. 28 of 2007]