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Eskom clearly under pressure over ‘mandatory’ registrations of solar panels

Soundbite: Deidré Steffens (English)
Soundbite: Deidré Steffens (Afrikaans)

Eskom’s latest announcement that it is reconsidering the requirement for professional engineers to sign off on solar power installations is a step in the right direction. However, AfriForum warns that Eskom still does not have sufficient rules to impose fines for systems that are not registered.

AfriForum had previously sent a formal letter to Eskom seeking clarity on the legal and regulatory framework on which the power utility relies to enforce the mandatory registration of small-scale embedded generation (SSEG), which generates less than 100 kW. After receiving no response, AfriForum sent a second letter and finally a legal letter to Eskom, which forced the utility to respond.

Although Eskom responded to the legal letter, the information was still insufficient. No specific legislation, policy framework or regulation was provided that makes the registration of systems smaller than 100 kW mandatory. AfriForum has emphasised from the outset that Eskom does not have the necessary legal basis to enforce this registration and that there is also no legal requirement that systems must be signed by a professional engineer.

Now Eskom itself has admitted that the South African Bureau of Standards (SABS) is re-evaluating standards to provide for professional electricians – and not necessarily engineers – to be able to sign off SSEG systems in future. “This admission confirms exactly what AfriForum has been saying for months: Eskom’s current requirements do not rest on a proper legal or regulatory basis,” says Deidré Steffens, Advisor for Local Government Affairs at AfriForum.

“The fact that Eskom is reconsidering this issue is a step in the right direction and clear evidence that pressure from community organisations such as AfriForum is leading to change,” concludes Steffens.

However, Eskom has since announced that the exemption from certain registration fees will only apply until March 2026 and that consumers may be penalised with fines thereafter if they do not register their systems. AfriForum considers this threat to be without any legal validity, as Eskom has not yet been able to indicate a single regulation that authorises it to impose such fines.

“We are not opposed to safety or compliance with valid regulations. What we do oppose, however, is that consumers are forced to comply with non-existent regulations at enormous cost and without any clear legal framework,” says Morné Mostert, Manager for Local Government Affairs at AfriForum. “Eskom’s own admission that standards must first be reviewed by the SABS shows that we were right all along. That there is now a move to allow electricians to certify installations is a victory for the community.”

AfriForum will continue to monitor Eskom’s processes and apply pressure to ensure that any requirements imposed on the public are not only fair and transparent but also fall within a clear and enforceable legal framework. If Eskom does not provide full clarity soon, AfriForum reserves the right to consider further legal action.

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