11 March 2019 - NW306
Esterhuizen, Mr JA to ask the Minister of Energy
Whether his department investigated the legal steps that would be necessary to make its intention possible to set a price ceiling for unleaded fuel; if not, why not; if so, what are the findings?
In as far as legal steps are concerned, no investigation was required.
The Department is guided by empowering legislation, and in this case the Petroleum Products Act, 1977 (Act No. 120 of 1977) (as amended) is the appropriate piece of legislation.
Section 2(1)(c) of the Petroleum Products Act, 1977 provides that “The Minister may by regulation or by notice in writing served on any person, whether personally or by post, and any person authorized thereto by the Minister may by such notice so served, prescribe the price, or a maximum or minimum price, or a maximum and minimum price, at which any petroleum product may be sold or bought by any person, and conditions under which the selling or buying of petroleum products other than in accordance with the prescribed, maximum or minimum price may take place”.
This section is the empowering provision that would permit the Minister to set a price ceiling for unleaded fuel after a thorough analysis of the socio-economic impact of doing so has been undertaken.