Strict consequence management must follow NERSA tribunal, says AfriForum
AfriForum yesterday made an application to the National Energy Regulator of South Africa (NERSA) under the Promotion of Access to Information Act (PAIA) to disclose the directives resulting from the regulator’s first tribunal hearing in terms of the Electricity Regulation Act. This includes findings of compliance audits, tribunal guidelines, remedial steps imposed on electricity licensees and the mechanisms put in place to ensure that it is followed through. The organisation argues that this information will ensure transparency and accountability in the public interest.
NERSA’s first tribunal hearing took place in December and heard cases of non-compliance against electricity licensees. This follows continued pressure for greater regulatory accountability and enforcement within the electricity sector. AfriForum has been involved in various complaints and legal processes over the past few years aimed at forcing NERSA to fully comply with its statutory powers as regulator, especially where service delivery problems and illegal practices directly affect communities and electricity consumers.
“The tribunal is a necessary step in restoring the energy regulator’s credibility and is long overdue. However, this process will only have real value if it is accompanied by firm consequence management. If licensees do not comply with legislative and licensing standards, they must be dealt with decisively, transparently and sustainably,” says Morné Mostert, Manager for Local Government Affairs at AfriForum.
AfriForum emphasises that non-compliance by electricity licensees (such as municipalities in particular) has direct and serious consequences for communities, including unsafe infrastructure, illegal power outages, unreliable power supply and rising costs.
With more than 160 branches across the country, AfriForum is ideally positioned to assist in monitoring compliance at grassroots level and to support legal enforcement efforts by the regulator.
“A regulator cannot act in isolation. Civil society and communities are often the first to experience the consequences of regulatory failure. AfriForum will therefore remain actively involved in the electricity sector and, through formal complaints and constructive engagement, ensure that compliance is not only ordered on paper, but also implemented in practice,” concludes Mostert.



