AfriForum hits Eskom with lawyers’ letter after continued silence on SSEG registration
Eskom’s silence on the legal and regulatory framework underpinning the mandatory registration of Small-Scale Embedded Generators (SSEG) has prompted AfriForum to send a legal letter to the utility, urgently demanding clarity on the regulations that authorise Eskom to enforce this registration on citizens whose systems generate less than 100kW.
AfriForum wrote to Eskom on the matter earlier this year, but the power utility has not yet provided any clarity to AfriForum or the public. AfriForum argues that if there is no legislation, regulations or guidelines specifically authorising Eskom to enforce the registration of SSEG systems, Eskom’s intentions to proceed with the process would be unlawful. According to AfriForum, the legislation requiring the registration of SSEG systems only applies to consumers generating more than 100kW.
“In Eskom’s communication to the public, it is very clear that users with solar installations, who receive power from Eskom, must register before March 2026. However, no reference is made to the regulations that make this registration at Eskom mandatory and enforceable,” says Morné Mostert, Manager of Local Government Affairs at AfriForum.
One of the conditions that Eskom has for the registration is that an engineer must sign off on the installations as safe and adequate, which could cost consumers tens of thousands of rands extra. “Again, Eskom refers to regulations prescribed by the National Energy Regulator of South Africa (NERSA) but does not specify the regulations that support the power utilities requests,” Mostert adds.
“Eskom’s silence on AfriForum’s request for clarity makes one wonder whether the power utility is trying to cover up the fact that no enforceable regulations such as these exist,” says Deidré Steffens, AfriForum’s Advisor for Local Government Affairs. “AfriForum’s legal team has therefore once again requested Eskom to provide clarity to the public as soon as possible about the regulations that authorise it to compel registration.”
AfriForum is, among other things, asking Eskom to provide the civil rights organisation with specific references to the provisions, policies or regulations that Eskom uses to enforce the mandatory registration of SSEG systems. In addition, AfriForum is seeking clarity on the legal basis for imposing fines or penalties on users who do not comply with these registration requirements.
Should the power utility fail to provide this information before 18 April, AfriForum reserves the right to take the necessary legal steps to obtain clarity.