South Africa: CoGTA publishes regulations giving effect to Energy National State of Disaster
On the 28 February 2023 the Minister of Cooperative Governance and Traditional Affairs (CoGTA) published Regulations issued in terms of section 27(2) of the Disaster Management Act 57 of 2002 which give effect to the National State of Disaster pertaining to the impact of Severe Electricity Supply Constraints, which was announced by the President during his State of the Nation Address in February 2023.
The Regulations aim to assist, protect, and provide relief to the public; to protect property; to prevent and combat disruption; and to deal with the destructive nature and other effects of the disaster by:
“(a) Minimising the impact of load shedding on livelihoods, the economy, policing functions, national security, security services, education services, health services, water services, food security, communications and municipal services, amongst others;
(b) Reducing and managing the impact of load shedding on service delivery to support lifesaving and specified essential infrastructure;
(c) Providing measures to enable the connection of new generation of electricity; and
(d) Providing measures to improve Eskom’s plant performance.”
According to the spokesperson for the Ministry of Cooperative Governance and Traditional Affairs, the Regulations seek to achieve these aims by providing, for example, for individuals, companies, and municipalities to sell electricity in order to facilitate small-scale, embedded generation as well as for the importation of electricity by Eskom from neighbouring countries.
The Regulations have been published despite ongoing legal proceedings launched by civil society organisations and opposition political parties seeking to have the State of Disaster overturned, arguing that it is irrational and unlawful.
- The Regulations can be found here.
Please note: The information contained in this note is for general guidance on matters of interest and does not constitute legal advice. For any enquiries, please contact us at [email protected].
