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

Chapter II : Oversight of Electricity Industry

4. Powers and duties of Regulator

 

The Regulator—

(a) must—
(i) consider applications for licences and may issue licences for—
(aa) the operation of generation, transmission or distribution facilities;
(bb) the import and export of electricity;
(cc) trading;
(dd) market operator; or

subject to the provisions of section 7;

(ii) set and approve prices and tariffs in a manner prescribed by a rule;
(iii) register persons who are required to register with the Regulator where they are not required to hold a licence;
(iv) issue rules designed to implement the national government's electricity policy framework, the integrated resource plan and this Act;
(v)
(aa) establish and manage monitoring and information systems and a national information system, relating to matters within the Regulator’s jurisdiction; and
(bb) co-ordinate the integration thereof with other relevant information systems;
(vii) enforce performance and compliance with this Act and licence conditions imposed by the Regulator in terms of this Act, and take appropriate steps in the case of non-performance or non-compliance;
(viii) exercise any power or perform any duty conferred or imposed on it under this Act or any other law;

[Section 4(a)(i)-(vii) substituted by section 5(a)-(d) and (viii) inserted by 5(e) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]

 

(b) may—
(i) mediate and arbitrate, as the case requires, disputes between generators, transmitters, distributors, traders, resellers, the transmission system operator and licensees or customers or end users excluding disputes between registrants and their customers;
(ii) undertake investigations and inquiries into the activities of licensees and other matters contemplated in this Act;
(iiA) at its own instance, or following an investigation of a complaint—
(aa) determine whether any person is engaged in an activity requiring a licence in terms of section 7, or registration in terms of section 9, without that person holding a licence or registration certificate in respect of that activity; and
(bb) direct any person engaged in an activity requiring a licence in terms of section 7 or registration in terms of section 9, who is not in possession of the necessary licence or registration certificate, to cease such activity; or
(iii) perform any other act incidental to its functions.

[Section 4(b) substituted by section 5(f) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]