ATC240209: Report of the Portfolio Committee on Mineral Resources and Energy on Public Hearings on the Electricity Regulation Amendment Bill [B23 – 2023] Held from 26 September 2023 – 29 February 2024, Dated 09 February 2024

Mineral Resources and Energy

Report of the Portfolio Committee on Mineral Resources and Energy on Public Hearings on the Electricity Regulation Amendment Bill [B23 – 2023] Held from 26 September 2023 – 29 February 2024, Dated 09 February 2024

 

 

Table of Contents

1.     Introduction. 2

1.1 Purpose of the Public Hearings. 4

1.2 Overview of the Electricity Regulation Amendment Bill [B23 – 2023] 4

2.     Statistical analysis of the public hearings. 4

2.1 Number of attendees and speakers. 4

2.2 Speakers views of the Electricity Regulation Amendment Bill 5

3.     key emerging issues across provinces. 7

3.1 Memorandum on the objects of the Bill 8

3.2 Definitions. 8

3.3 Offences and penalties. 10

3.4 The National Energy Regulator of South Africa. 11

3.4.1 Electricity pricing. 11

3.4.2 Licensing, subcontracting. 12

3.5 Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure. 13

3.6 Embedded generation. 14

3.7. A Local Government Perspective. 15

4.     Issues outside the ambit of the Bill. 17

5. CONCLUSION. 17

6. Appendix 1:  Evidence schedule. 18

6.1 Western Cape Province. 18

6.2 Eastern Cape Province. 38

6.3 KwaZulu Natal Province. 62

6.4 Limpopo Province. 111

6.5 Northern Cape Province. 149

6.6 Mpumalanga Province. 170

6.7 Gauteng Province. 200

6.8 North West 236

  1. Free State. 260

 

 

1.Introduction

 

The Portfolio Committee on Mineral Resources and Energy (hereinafter referred to as the Committee) derives its role from the mandate of Parliament. The mandate of Parliament is based on the provisions of the Constitution of the Republic of South Africa, 1996, which among other things establishes Parliament, as well as the Rules of Parliament.

 

The role of Parliament through its Portfolio Committees is to:

 

  • Process legislation introduced by the corresponding Minister, or referred to it by resolution of the House, and where necessary initiate legislation.
  • Oversee the work of the corresponding Department and associated institutions.
  • Make policy recommendations in the portfolio based on wider public consultation where necessary.
  • Engage the Executive on related international matters.

 

In this regard, Section 59 and 72 of the Constitution states that Parliament must openly conduct its business and hold its sittings in public. Parliament is forbidden from excluding the public and the media from the sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. Thus, Parliament cannot validly make law without considering the need to facilitate some form of public participation. Public participation is the process by which Parliament consults with the people before decisions are made.

 

In line with its mandate of processing legislation, the Committee conducted Provincial Public Hearings from 26 September 2023 to 29 January 2024 in nine (9) provinces, listed in Table 1. The decision of the Committee to conduct public hearings (both nationally and provincially) was premised on the general principle of the South African Constitution which asserts that South Africa is a constitutional democracy that upholds representative and participatory democracy. The Committee’s public participation process was also guided by Parliament Public Participation Model, which provides a legislative framework that fortifies public participation in Parliament.

 

Table 1: ERA Provincial Public Hearings Dates and Municipalities

Province

Municipality

Dates

Limpopo

  • Collins Chabane Local Municipality
  • Greater Giyani Local Municipality
  • Elias Motsoaledi Local Municipality
  • Bela Bela Local Municipality

26 – 29 September 2023

Mpumalanga

  • Nkomazi Local Municipality
  • Msukwaliga Local Municipality
  • Thembisile Hani Local Municipality

02 – 04 October 2023

North West

  • Naledi Local Municipality
  • JB Marks Local Municipality
  • Moses Kotane Local Municipality
  • Ramotshere Moiloa Local Municipality*

06 – 09 October 2023

Northern Cape

  • Dawid Kruiper Local Municipality
  • Emthanjeni Local Municipality
  • Gasegonyana Local Municipality
  • Sol Plaatjie Local Municipality

24 – 27 October 2023

Free State

  • Mangaung Metropolitan Municipality
  • Matjabeng Local Municipality*
  • Dihlabeng Local Municipality*
  • Metsimaholo Local Municipality

28 – 31 October 2023

Gauteng

  • Mogale City Local Municipality
  • City of Johannesburg Metropolitan Municipality
  • Ekurhuleni Metropolitan Municipality
  • Tshwane Metropolitan Municipality

04 – 07 November 2023

Western Cape

  • Cederburg Local Municipality
  • Breede Valley Local Municipality
  • Overstrand Local Municipality
  • City of Cape Town Metropolitan Municipality

10 – 13 November 2023

KwaZulu Natal

  •  Newcastle Local Municipality
  • Okhahlamba Local Municipality
  • KwaDukuza Local Municipality
  • Umzimkhulu Local Municipality

21 – 24 November 2023

Eastern Cape

  • Matatiele Local Municipality
  • Mhlontlo Local Municipality
  • Enoch Mgijima Local Municipality
  • Nelson Mandela Bay Metropolitan Municipality

27 – 30 November 2023

 

* Dihlabeng Local Municipality: Committee had to do a follow up on 26 January 2024 as mobilisation was not done at the time that the Committee had visited the municipality.

* Matjabeng Local Municipality: Committee had to do a follow up on 27 January 2024 as mobilisation was not done at the time that the Committee had visited the municipality.

* Ramotshere Moiloa Local Municipality: Committee had to do a follow up on 29 January 2024 as mobilisation was not done at the time that the Committee had visited the municipality.

 

 

 

1.1 Purpose of the Public Hearings

 

As mentioned above, public hearings are part of Parliament’s public participation process in which members of the public are given an opportunity to give inputs on a Bill, in this case, the Electricity Regulation Amendment Bill [B23 – 2023]. Members of the public may raise issues, comment, critique/challenge, and make recommendations on the provisions of the Bill. The Committee thereafter drafts a report for each province which will be used during the formal stages of the Bill process when the Committee deliberates on all the inputs it received from provincial public hearings.

 

1.2 Overview of the Electricity Regulation Amendment Bill [B23 – 2023]

 

The Bill seeks to: “amend the Electricity Regulation Act of 2006, so as to delete, amend, and insert certain definitions in order to; provide for the application of the Act; to provide for the National Energy Regulator to consider applications for licences and the issue of licences; to provide for revocation and deregistration of licences; to provide for additional electricity, new generation capacity and electricity infrastructure; to provide for the establishment, duties, powers and functions of the Transmission System Operator SOC Ltd and transitional measures; to provide for an open market platform that allows for competitive electricity trading; to assign the duties, powers and functions of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd; to provide for delegation and assignment; to provide for offences and penalties; and to provide for matters connected therewith”.

2.Statistical analysis of the public hearings

 

2.1 Number of attendees and speakers

 

There were 7 011 participants who attended the public hearings across the nine (9) provinces. Of the 7 011 participants, 1 182 made oral/written submissions to the Electricity Regulation Amendment Bill.

 

Figure 1 below shows the number of people who attended and those who delivered oral submissions at the public hearings in each province.

 

 

 

 

 

 

 

 

 

 

Figure 1: Total Number of Attendees and Speakers per Province

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As shown in Figure 1 above, the Eastern Cape Province had the greatest number of attendees (n=1 047) followed by Limpopo at (n=1 021) attendees, Northern Cape (n=899), KwaZulu Natal (n=784), Mpumalanga (n=701), North West (n=696), Free State (n=674), Western Cape (n=621). The province that had the least number of attendees was Gauteng province at (n=568) attendees.

 

Mpumalanga province had the most speakers (n=419) followed by KwaZulu Natal at (n=126) speakers. Limpopo (n=123), Gauteng (n=120), North West (n=103), Free State and Northern Cape (n=76), respectively, Western Cape (n=70).  Eastern Cape Province had the least number of speakers at (n=69).

 

2.2 Speakers views of the Electricity Regulation Amendment Bill

 

Figure 2 shows that, overall, there were more speakers who were in support of the Electricity Regulation Amendment Bill across the Provinces.

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2: Speakers’ views (%) of the Electricity Regulation Amendment Bill

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As evident in Figure 2 above, overall, the Electricity Regulation Amendment Bill was explicitly supported in the country by 70 percent, fifteen (15) percent rejected the Bill. About 15 percent of the speakers did not indicate whether they support or reject the Bill.  

 

2.3 Synopsis of the reasons for support or rejection of the Bill

 

This section summarises the reasons provided by the participants for either supporting or rejecting the Bill. As stated above, about 70 percent of the participants supported the proposed Electricity Regulation Amendment Bill. Several reasons for the support of the Bill were shared with the Committee and these included the following:

 

  • According to the participants, Eskom has failed to provide electricity to South African citizens. This is illustrated by the persistent loadshedding and corruption that the utility is confronted with. Consequently, participants were of the view that it is opportune time that the market is opened up, to allow Eskom to compete with other electricity generators. Participants are of the opinion that competition would encourage Eskom to be more effective and efficient than is currently the case, and that more players in the electricity generation space will assist a great deal in dealing with loadshedding.
  • Participants were hopeful that the Bill will help address electricity infrastructure issues which result in many communities not having access to electricity. The infrastructure issues include overloaded transformers which at times burn, leaving residents with no electricity for months.
  • Participants were pleased with the fact that the Bill allows them to self-generate electricity and sell excess electricity to the Transmission System Operator.
  • The Bill was also supported by the participants because of the understanding that its implementation would bring about employment creation and business opportunities.
  • The expanded powers of the National Energy Regulator of South Africa (NERSA) were welcomed by the participants.
  • The Bill was also supported with the understanding that electricity generated by the Independent Power Producers (IPPs) will largely be from renewable sources, therefore in line with the global commitments to reduce carbon emissions, and to mitigate against the adverse effects of climate change.

 

As shown in figure 2 above, about 15 percent of the participants did not support the Bill, and they cited the following reasons, amongst others:

 

  • From those who opposed the Bill, there was a strong view that the Bill attempts to privatise Eskom under the disguise of restructuring and reform. It was submitted that Eskom is failing because Government failed to build new generation capacity on time. It was therefore proposed that the current structure of Eskom must remain, and for Eskom be supported in order to provide enough supply of electricity for the country as opposed to being assisted by the private sector.
  • There was also a strong opposition to the introduction of the Independent Power Producers (IPPs). It was submitted that Eskom is being rundown deliberately to make way for the IPPs. There are fears that the interest of the private sector is to make profit, therefore, the price of electricity might be higher instead of being lower as result of the amendments. A related point or an emphasis made was that “the Bill fall short of South Africa’s development goals, undermine constitutional provisions and place profit driven motives as a primary principle in terms of the generation, transmission, and distribution of energy”. 
  • Moreover, participants of the view that the Bill is drafted in such a way that it promotes green energy. Therefore, there were strong proposals that the coal is abundant in South Africa, it should remain the source for the supply of electricity.
  • Participants reported that they lost confidence in NERSA and its ability to protect the communities. It is alleged that its decisions on electricity prices favours the haves at the expense of have-nots.
  • It was submitted that Free, Prior, Informed Consent was not practiced in processing the Bill. It was stated that the time between the advertisement for the public hearings and the actual hearing was short. Therefore, this would have limited people in terms of understanding the Bill, to meaningfully participate in the public hearings.

 

This section dealt with the overview of the reasons for supporting or not supporting the Bill. The subsequent section deals with specific comments or proposals made directly linked to the sections of the Bill.

3.key emerging issues across provinces

 

As alluded to above, this section discusses key comments or proposals directly linked to the sections of the Bill which emerged from the provincial public hearings. Of importance is for the Committee to consider and deliberate on the underlying reasons given for the issue raised. These will need to be responded to by relevant government departments. Thereafter, the Committee based on the responses and at times guided by the Parliamentary Legal Advisor will have to determine how and which of the issues raised can be incorporated into the Bill. There were also recommendations raised by speakers, which the Committee will also need to consider as it deliberates on the issues raised.

 

3.1 Memorandum on the objects of the Bill

 

Summary of the provision: Clause 2 of the Bill seeks to amend section 2 of the Act, to substitute the words ‘South Africa’’ for the word ‘‘Republic’’.

 

It was asked why it is necessary omit "South Africa" and add "Republic". It was stated that this hints at some sinister hidden agenda, like changing the name of the country!  It was asked what is wrong with Republic of South Africa (RSA). Thus, recommendation is that the full name “Republic of South Africa” be used.

 

Summary of the provision: Reference was made to clause 3.20(3) in the memorandum. The clause read as follows:The proposed insertion of the new section 21(3A), (4A), (4B) and (4C) into the Act seeks to ensure that there will not be discrimination between different generators or customers in relation to dispatching or balancing the system. Balancing the system refers to the process of ensuring that electricity consumption matches the electricity production of the electrical grid (the system) at any moment. Third party access to the transmission and distribution power system will be based on published tariffs, applicable to all eligible customers, and applied objectively, without discrimination between system users. The operation of the system must be transparent, non-discriminatory and in line with market-based procedures”.

 

The proposal from the speaker was the competition with Eskom must be as transparent as possible.

 

3.2 Definitions

 

Summary of the provision:  Clause 1 provides definitions. Clause 1 of the Bill seeks to amend section 1 of the Act, to provide for the insertions, amendments, and deletion of certain definitions in section 1 of the Act, in order to assist with the interpretation of the Act. The proposed insertion of new definitions seeks to provide clarity on the meaning of the concepts introduced in the Bill under new provisions providing for a competitive electricity market. The following comments and recommendations were made in respect of the definitions:

 

  • Direct Supply Agreement: It was submitted that although the 2022 and 2023 Amendment Bills introduce a definition of ‘direct supply agreement’, the definition excludes generators, traders, and the system operator as customers. Therefore, it was proposed that the proviso to the definition must include generators and traders. It was also proposed that NERSA should not regulate the prices of private generators or traders where these private generators or traders are selling to other generators or traders. It was further submitted that the definition should include the Central Purchasing Agency (CPA) and market operator.

 

  • Physical Bilateral Transaction: Amendment Bill defines a physical bilateral transaction as a “transaction entered into by generators, customers, and traders for energy production which involves the conclusion of a power purchase agreement through a central purchasing agency to meet demand and supply as required by the system operator”. The speaker was of the opinion that the term ‘physical bilateral transaction’ seemed misleading in the context of the system operator balancing demand and supply, and asked if there are no ancillary services because it is to stabilise the system?  Would distributors not wish to have these ancillary services? In a scenario in which the CPA procures electricity to balance demand and supply, is this bilateral? The speaker further submitted that the word ‘physical’ seemed misleading and should be deleted. The speaker therefore proposed that the wording should rather be ‘national bilateral transaction’ or ‘public bilateral transaction’ because it has to do with national interests of balancing the grid. The definition should refer to the CPA, not a CPA.

 

  • Regulated Transactions: The 2022 and 2023 Amendment Bills introduce a definition of ‘regulated transactions’ as ‘transaction that requires regulatory approval or oversight, specifically where the exercise of market power is likely or evident (for example network charges). The speaker understood ‘regulated transactions’ to be transactions that have their tariffs set by NERSA. It was submitted that the definition is misleading because it could include any project that needs to be registered. ‘Unregulated’ means private and bilateral, and ‘regulated’ means with a regulated entity like the central purchasing agency. This must be clarified.

 

  • Transmission Development Plan (TDP): The 2022 Amendment Bill defines the TDP as the plan for the development of the national transmission power system referred to in sections 34(6), (7), 34(B)(3) and 35(3A) and states that the System Operator is responsible for the development of the TDP (Section 34(B)(2)). The 2023 Amendment Bill deletes this section, as well as the definition of the TDP. Provisions around the mechanics of the development of the TDP have also been deleted. The TDP is referred to in the 2023 Amendment Bill, but it is not defined by name. The speaker recommended that the definition be reinstated with correct cross-referencing.

 

  • Central Purchasing Agency (CPA): It was asked how will local municipalities collaborate with the CPA? How will this definition affect the relations between municipalities and Independent Power Producers (IPPs)?

 

  • The day-ahead market: The 2022 Amendment Bill expressly proposed the introduction of the ‘day-ahead market,’ which is the platform for trading electrical energy. Market participants shall (a) trade energy in the day-ahead market; and (b) supply reserve capacity in the day-ahead reserve market. The introduction of a day-ahead market was a welcome addition to the 2022 Amendment Bill, as it assists in creating an open market of electricity trade in South Africa. The 2023 Amendment Bill deleted express reference to a ‘day-ahead market,’ and the definition of the term has been deleted. However, section 34(B)(3)(c)(i) may be sufficiently broad to allow for the market operator to determine the market, which may include a day-ahead market based on what best ‘ensures effective and secure operation of the industry’ and the power to determine appropriate time scales. The speaker requested that there should be clarification regarding the meaning and scope of this provision.

 

3.3 Offences and penalties

 

Summary of the provision: Clause 30 of the Bill seeks to insert sections 35A and 35B in the Act. The Act is silent and does not have provisions on the delegation and assignment of powers and duties, as well as provisions on offences and penalties for contravention of the Act. This omission renders the Act not to be aligned with similar legislation, which contain these provisions. Key areas contained in this clause to which most participants commented on is provision that says that “Any person who is convicted of an offence referred to in subsection (1) shall be liable to a fine not exceeding R1 000 000,00 or to imprisonment for a period not exceeding five years or to both such fine and imprisonment. The contraventions being referred to is when a person (a) operate any generation, transmission or distribution facility; (b) import, or export any electricity; [or] (c) be involved in trading[.]; (d) be a market operator; or (e) engage in system operation without the appropriate licence issued by NERSA,  These also include any person who makes any false or misleading statement to the Regulator in connection with any matter contemplated in the Act; or without lawful authority, damages, removes or destroys any transmission, distribution or reticulation cable, equipment or infrastructure.

 

The proposed penalties in respect of the listed offences were welcomed by the majority of the participants. Varying proposals were made as summarised below:

 

  • One million fine: various proposals were brought forward such the penalty fee should be R100 million, R50 million, R20 million, half a million (R500 000) R15 000 thousand.
  • Imprisonment: Ten years (10) and fifteen (15) years were proposed, whilst few were in support of the 5 years as proposed in the Bill.

 

It is important to note that some participants were of the view that the fine should be scrapped, and perpetrators be imprisoned for life. Others proposed that the fine should be determined or be relative to the crime committed at particular time – such as it should not be a blanket approach.  However, across the nine (9) provinces, emphasis was that punishment for the theft and vandalism of electricity infrastructure should be harsher because of the devastating impact it has on the economy of the country as well as the South African citizens. With regards to cable theft, it was proposed not only those who steal the cables should be arrested, the buyers should also be arrested.

 

3.4 The National Energy Regulator of South Africa

 

Summary of the provision: The Bill confirms that the Regulator or NERSA is the body which oversees the licensing of electricity generation, transmission, distribution, and the import and export activities relating to the trading activities; Ensures that the Regulator has the power to issue, withdraw, suspend and revoke licenses including powers to monitor and place license conditions to ensure compliance; Extends the scope of licensable activities to include market operator and system operators participating in a competitive market; Removes the power for the Regulator to regulate prices but retains the power to set tariffs, and the power to issue rules focused on implementing the national government’s electricity policy framework, and the Integrated Resource Plan (IRP 2019); Is amended to align with the transformation of the electricity market so as to ensure returns commensurate to the risk of the licensed activity. The new provisions of section 15(1A) and 15(1B) states that when tariffs are determined they must take into account planned projects that are reflected in the IRP 2019 and the Transmission Development Plan (TDP); Also introduces a dual or hybrid form of determinations, as the Regulator is empowered to set separate tariffs for each of the vertically integrated license activities that emanate from the monopoly market of Eskom; States that a license holder may not charge a customer any tariff other than the tariff set out and approved by the Regulator. However, as a competitive market is being introduced and license holders must be able to set competitive pricing without being bound to tariffs - the ERA Bill provides an exemption in this regard; and Permits a license holder to charge a tariff that has not been set or approved by the Regulator only where that tariff is charged pursuant to a direct supply agreement or is an outcome of a competitive market.

 

3.4.1 Electricity pricing

 

  • A concern was raised about the provision that removes the power of NERSA to regulate prices but retains the powers to set approve tariffs. The fear is that electricity prices may be manipulated – clarity was sought on this.
  • Several issues were raised regarding the electricity pricing structure and the frustrations it brings about to the consumers. The inconsistencies in the prices of electricity between customers supplied by Eskom versus those supplied by the municipalities. It was reported that electricity in areas supplied by the municipalities is more expensive than in Eskom supplied areas. Speakers asked if it was not possible for people to choose the supplier of their choice. It was added that spaza shops illegally add a R1 and R2 from the approved electricity price, and this is a problem as it makes electricity even more expensive for the residents.
  • It was submitted that the Bill must be clear on how price fixing by colluding cartels will be prevented.
  • It was submitted that the NERSA must also be overseen by another structure, to ensure that prices are not manipulated.
  • Speakers feared that with the rise of private electricity generation, the ability of NERSA to regulate tariffs in a manner that is affordable for the poor, the working and middle classes, Small and Medium Enterprises (SMMEs) and the economy; will increasingly be under threat and possibly sacrificed at the altar of profits.
  • it was submitted that the scope of NERSA must include consultations when tariffs are being increased and an explanation be provided to the communities on reasons for granting a particular tariff.
  • Separate tariffs for residents and businesses were proposed.

 

3.4.2 Licensing, subcontracting

 

  • The fact that subcontractors will not be required to have licenses but will trade under the license holder (main company) was welcomed. However, there are fears of corruption and collusion, clarity was sought as to how will the subcontractors be monitored.
  •  It was submitted that subcontracting has proved to be a seriously thorny and highly contentious issue in the country over the past 20+ years - particularly with the likes of Eskom. It was therefore proposed that subcontracting must be clearly defined and limited, or permits can be legally transferred, including accountability. If a permit holder cannot perform the licence/permit must be withdrawn. Accountability and delivery must be key. No uncontrolled subcontracting should be permitted.
  • It was submitted that where the holder already has caused problems but has subsequently transferred the right to someone else, the holder must still be held accountable. The speaker suggested that this must be regulated such that the license holder cannot do that until such time as problems are addressed before transferring.
  • Reference was made to 3.10.2 and 3.11 on memorandum on the objects of the Bill. The former reads “Section 11 of the Act requires an application for a license to be advertised. This provision may have unintended consequences where commercially sensitive information of an applicant may be disclosed. The proposed insertion of section 10(3) seeks to provide applicants with an opportunity to request the Regulator to treat their commercially sensitive information contained in an application for a licence confidential and not publicly disclose such information”. And the latter reads “Clause 11 of the Bill seeks to amend section 11 of the Act. Section 11 of the Act provides that a Regulator may require that an applicant publish a notice of the application for a license and must consider objections to the application. This provision, however, is silent on how the Regulator may require the applicant to publish a notice and does not provide for timelines within which the Regulator must deal with objections. This has presented challenges whereby applications have been kept in the process for consideration by the Regulator for unacceptably lengthy periods of time. The proposed amendment requires the Regulator to direct applicants to publish the application in writing. The proposed amendment further requires the Regulator to consider objections to applications within 30 days from the date of expiry of the time periods set out for receipt of objections. This seeks to improve the turnaround times for the consideration and finalisation of applications by the Regulator”. The submission from the participant was that the Bill is silent on how the regulator must deal with objections. The participant also urged that the issue of protection of commercially sensitive information as proposed in the Bill be relooked at. In relation to this, the speaker cited the issue of the different electricity prices between Eskom and the Municipalities, and the prices that are illegally added by the spaza shops on electricity prices.

 

3.5 Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure

 

Section 34 is a key section that has been amended significantly. The following comments and proposals were submitted:

 

  • Vesting contracts: Section 34B(5)(c)(ii) of the 2023 Amendment Bill provides that it is a function of the CPA to conclude vesting contracts with Eskom generators and/or distribution licensees to manage the transition to a competitive market. The 2023 Amendment Bill defines vesting contracts as a contract between the National Transmission Company South Africa SOC Ltd and an Eskom generator or a distribution licensee, for the sale of a specified amount of electricity at a specified price as a mechanism to facilitate the transition to a competitive market. The speaker wanted an insight into the implications of the conclusion of vesting contracts. She said it is key that Eskom prices are competitive, and that the competitive market is retained. If vesting contracts result in Eskom having a guaranteed off taker, while the private market does not, the competitive market is undermined. The Eskom generation price should be regulated, and the pricing of these contracts must be approved by NERSA. The addition of the words ‘as approved by the Regulator’ would provide clarity in this regard.
  • The Central Purchasing Agency (CPA): Section 34B (5) refers to a CPA. The speaker questioned how many central purchasing agencies there will be. Should this be amended to the CPA? Section 34B(5)(c) of the 2023 Amendment Bill is inconsistent with the definition of the CPA, which states that this entity is only formed for the duration of the transition to a competitive market. The Central Purchasing Agency’ is defined as an entity assigned to fulfil the role of the wholesale buyer to maintain system integrity during the transition to a competitive electricity market. The speaker proposed that the words ‘during the transition to a competitive electricity market’ be deleted from the definition, so that the CPA is not restricted to performing functions during the transition period.
  • Transmission System Operator (TSO): It was submitted that the 2022 and 2023 Amendment Bills propose the establishment of the TSO, which will manage the competitive multi-market. The TSO will be responsible for transmission planning, operation, and control of the transmission system and market. The role of the TSO is highly relevant and important for future electricity supply and regulation. Although the establishment of the TSO remains the same in both Amendment Bills, the functions of the TSO differ. The functions of the TSO under the 2023 Amendment Bill are less clearly delineated. Multiple functions (transmission expansion plan, forecasting, and dispatch schedules) that were included under the role of the TSO in the 2022 Amendment Bill do not appear in the 2023 Amendment Bill. Additionally, Whilst the establishment of the TSO was welcomed by some speakers, there are concerns of corruption, especially that the TSO will be 100% State Owned and a subsidiary of Eskom.
  • National Transmission Company South Africa (NTCSA) SOC Limited: To avoid ambiguity and any confusion, it was recommended that the proposed NTCSA SOC Ltd be amended to the National Generation, Transmission and Distribution Company South Africa SOC Ltd (NGTDC-SA) as all three functions are envisaged in the draft Bill.
  • It was also proposed in Clause 27 where it states the minister may make determinations, “may” be changed to “must”. 

 

3.6 Embedded generation

 

Summary of the provision:  Clause 3 of the Bill seeks to insert the new section 2A into the Act. Pursuant to the Presidential pronouncement of 25 July 2022 and the promulgation of the amendment to Schedule 2 of the Electricity Regulation Act: Licensing Exemption and Registration Notice, 2023, the licensing threshold to apply for and hold a license for generation facilities in terms of the provisions of the Act has been removed and there is now a complete exemption from the obligation to apply, and hold a licence, for generation facilities. Generation facilities are only required to register with the National Electricity Regulator of South Africa (the ‘‘Regulator’’). The proposed amendments seek to provide clarity and provide the distinction of when the provisions of the Act are applicable and when they are not applicable.

 

The fact that the Bill allows stakeholders to generate electricity for own use and the ease of doing this that is provided for in the Bill was welcomed by most participants. However, there was a specific comment on this from one speaker. The speaker raised concerns regarding this new provision as follows:

 

  • Embedded generators no longer need to apply for licenses but only needs to register and they can also sell surplus energy back to Eskom: The speaker did not agree with this. He argued that this can cause non-compliance in terms of the National Grid Code Compliance and entities/municipalities that might have Power Purchase Agreements (PPA’s) with IPPs can be exposed also to non-grid compliant electricity and he proposed that extra measures be put in place. He added that this can cause extra operational and capital to already struggling municipalities.
  • Not part of the Bill – The speaker further submitted that he did not see much support for municipalities that envisage entering into a long-term power purchase agreement with IPPs because of the applicable legislation that guide and also limit these processes.

 

3.7. A Local Government Perspective

 

The migration of consumers to alternative energy solutions, with specificity to renewable energy is on an upward trend due to interrupted energy supply from the national grid. There are advantages and disadvantages to migration from traditional methods of energy producing and consumption, in the main, the “behavioural” change of consumers.

 

There are some concerns that were raised from a local government point of view relating to alternative energy and renewable energy. It was argued that in local government, there are a lot of aspects that are linked to safety and some related to revenue at a broad level. The below are suggestions that are to be considered to find expression in the proposed amendments from a technical and operational point of view which are more to be reflected in the grid codes.

 

  • Request to consider the insertion of a definition of “Anti-Islanding” which means the ability of an EG system installation to instantly and automatically disconnect the generator from the local utility grid whenever there is a power outage or interruption in the utility grid, thus preventing the export of electricity to the utility grid from the Embedded Generator (EG). This promotes safety to the public. This should filter through other relevant documents such as the grid code.
  • Request to consider the insertion of a definition of “Grid impact Study” which means a study of impact in capacity and load of the main grid when being connected to a new or another source of electricity energy. This will allow local authorities to assess what risks there may be to their networks. This should filter through other relevant documents such as the grid code.
  • Request to consider the insertion of a definition of “Grid-tied” which means an Embedded Generator (EG) that is connected to the utility electricity grid either directly or through a consumer’s internal wiring is said to be “grid-tied”. The export of energy onto the utility grid is possible when generation exceeds consumption at any point in time. Such consumers would rely on the utility grid to supply them with electricity when their instantaneous generation is insufficient to supply their instantaneous consumption. This aligns to promoting safety of the public. This should filter through other relevant documents such as the grid code.
  • Request to consider the insertion of a definition of “embedded generator” and suggest that it be defined as follows and find expression in all relevant legislation like the grid code.

“Embedded Generator” An entity that either operates one or more Unit

or Units that is connected to the distribution system, or that desires to connect one or more Unit or Units to the distribution system; which include energy conversion device(s), static power converter(s), if applicable and the control and protection gear within customer’s network that operates in synchronism with the utility’s network; (which requires to. Be considered for approval before commissioning.

  • No comment on the definition of “integrated resource plan” however the insertion of a definition of “local integrated resource plan” [established by the local sphere of government to give effect to] for electricity generation, which aligns to national policy on electricity planning, which plan specifies the types of energy sources and technologies from which electricity may be generated and indicates the amount of electricity that is to be generated from each of such sources or technologies.
  • To consider including the definition of “bi-directional meter” and it is suggested that it reads as such “bi-directional meter” A meter that separately measures electricity flow in both directions (import and export). Such a meter displays the balance of the imported and exported electrical flow energy in a single register meter (net metering) or displays both imported and exported electrical flow energy in separate registers. We believe that reverse power flow does impact the municipal electricity infrastructure and if there is too much reverse power flow onto the municipal grid / electricity infrastructure, it may have an adverse effect to the safety of officials and the integrity of the electricity network. With increasing levels of distributed renewable energy being brought online, many electric utilities are having to find effective ways to keep the distribution network stable while power is flowing in the reverse direction. Traditional power system networks were designed for accepting power flow from generation to load via transmission and distribution networks. With the shift in the demand for energy, the traditional power system as we know it, is shifting its dynamics to accommodate the renewable energy resources. The penetration of the distributed energy resources on distribution and transmission networks is disrupting the traditional power flow to become bidirectional. This does impact infrastructure such as municipal transformers. Unfortunately, this does link back to the stores component of municipalities therefore procuring infrastructure that can handle reverse power flow would be essential.
  • Power Market Participants: Clarity was requested regarding the definition of “Power Market Participants” in the Bill, clarity is required on how it is that local government fits in this definition as local government is deemed being a participant in the power market. Alternatively, the word “participant” must be defined and must include local government. The view is that local government are participants in a power market.

 

4.Issues outside the ambit of the Bill

 

A number of issues that were outside the ambit of the Bill were raised. Some of the issues which were outside the ambit of the Bill are summarised below.

 

  • An issue of new Eskom meter boxes that consume too much electricity was reported.
  •  The issue of damaged transformers and vandalism of electricity infrastructure was a dominant theme. The consequence of these actions is that the majority of residents remain without electricity for a very long period. There were similar concerns in all areas regarding the poor response of Eskom when the communities have logged faults. The Eskom branches are reportedly not responding to people’s challenges. For instance, instead of fixing transformer or upgrading them to enable the increased load due to population growth, Eskom penalises residents, and ask them to pay an amount of R6000 for their electricity to be restored.
  • An issue was also raised that farm dwellers remain unelectrified as the farm owners hinder the electrification process.

 

5. CONCLUSION

 

The Committee concluded its nationwide public hearings programme on the Electricity Regulation Amendment Bill [B23 – 2023] on 29 January 2024. The public hearings process, in many ways, has enhanced Parliament to be able to deal with the Bill more efficiently, considering the views of the public into account.

 

 

 

 

                     

6. Appendix 1:  Evidence schedule

 

6.1 Western Cape Province

 

 

Day 1: Western Cape, Cedarburg, Citrusdal, Vicky Zimir Thusong Centre, 10 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Sandra Botha

Elderly Club Representative

Yes

The speaker asks whether it is legal for the municipality to cut off the electricity.

  1.  

Gert Alfred

Small Scale Farmers Representative

Yes

The speaker supports the penalties provisions related to damage to electricity infrastructure, and hopes that the Bill will be properly implemented

  1.  

Yolisa Mnyengeza

Small Scale Farmers Chairperson Cederburg

Yes

The speaker suggests that alongside solar should be the Liquified Petroleum Gas (LPG) that is implemented in the RDP housing, which will assist with the stove and fridge appliances which use a lot of electricity. The speaker continues to suggest that in each community suppliers such as Afrox should be stakeholders, and these companies must subsequently create employment for the local community. The speaker mentions the need for abattoirs to work and mentions that they can only work effectively with sufficient electricity The speaker mentions that the charge of the penalties and offenses for damage to infrastructure must be treason charge not just theft.

  1.  

Randall September

Manager of Electro-Technical Services in

Cederberg Municipality

N/A

 

  • Private/licensed holders that wish to utilise the Eskom Grid can do so - The Eskom Wheeling policy therefore needs to be relaxed in order for licensees to use the Eskom infrastructure. Another point is where Municipalities are intended or positioned to enter into a Power Purchase agreement with IPP’s this will not benefit the intended purpose of having sustainable power even through load shedding.
  • Embedded Generators no longer needs to apply for Licenses but only needs to register and they can also sell surplus energy back to Eskom - I do not agree with this. This can cause non-compliance in terms of the National Grid Code Compliance and entities/municipalities that might have Power Purchase Agreements (PPA’s) with Independent Power Producers(IPP’) can be exposed to also non-grid compliant electricity and must therefore  put extra measures in place. This can cause extra operational and capital to already struggling municipalities.
  • Implementation of Solar/Renewable energy with the all future construction of RDP houses - I agree and would like to thank you for this because it takes away a lot strain from the grid. The problem is just that this comes with an ongoing operational aspect with that and people than have to budget/provide financial assurance for this.
  • Cable theft. R1 million fine or 5years imprisonment - I do not agree with indicated sanctions because if someone gets a good legal representative and might not even go to jail or be fined.
  • Not part of the Bill - I do not see much support for Municipalities’ that envisage of entering into a long-term power purchase agreement with independent power producers because of the applicable legislation that guide and also limit these processes.
  1.  

Wilfred Mayor

Clanwilliam

Yes

The speaker mentions that the monopoly that Eskom has can be diluted to the community. The speaker mentions that as the community is situated in between two rivers and asks whether the rivers can be used as an option to produce electricity from a natural energy source.

  1.  

Raymond Adams

Citrusdal Electric

N/A

The speaker mentions the risk of pricing not being regulated can cause a disadvantage to the community. The speaker mentions that the equipment for producing renewable energy for electricity is very high therefore the everyday person will not afford this form of electricity without financial assistance. The speaker mentions that the embedded system is the system used in the area and the challenge is that with the Bill it introduces the private sector and it will create a problem for the people in the area to produce electricity alongside the private sector players.

  1.  

David Goeieman

Clanwilliam

Yes

The speaker mentions that he would like to discuss the challenges around Eskom. The speaker mentions that all persons received free units from Eskom and now this no longer the case and asks why this is the case. The speaker mentions that there is no electricity access, including at the community centre.  The speaker mentions the issue of cable theft which is very high in the community. The speaker asks whether Eskom can put systems in place to assist in this crisis

  1.  

Isaak Goes

  •  

N/A

The speaker mentions the electricity challenge for pensioners, explaining that the electricity can be cut off without prior knowledge, and that the units of electricity is less than the amount purchased. The speaker also mentions the problem of billing which does not indicate where the electricity goes when the units are less than the purchase price.

  1.  

Anna Lord

  •  

Yes

The speaker mentions that they do not have electricity access and the community is forced to go out and gather wood.

  1.  

Aleta Titus

  •  

N/A

The speaker mentions forced relocation and that they returned to the area to find nothing available.

  1.  

Sylvia Lucas

Elandsbaai

Yes

The speaker mentions support of the amendments of the Bill and specifically the aspects related to access to electricity for RDP housing. The speaker mentions that the penalty for damage to electricity infrastructure must be 30 years.

  1.  

Lulama

Elandsbaai

Yes

The speaker mentions the challenge in the community where electricity is cut due to non-payment however the non-payment is from people who are not employed, it is therefore not deliberate.  The speaker mentions that the elder people are greatly impacted by lack of electricity access as the elderly people are now forced to fetch wood themselves.

  1.  

Mbuyisa Magidela

Clan William / Masekhane Small Scale Farmer

Yes

The speaker supports the Bill provided that the Bill will not negatively impact the community. The speaker mentions that the electricity challenge negatively impacts even access to water. The speaker mentions the need for the license approvals to not be cumbersome or have too much red tape.

  1.  

Lawrence Smit

Church Leader

Yes

The speaker supports the Bill as introduced.

  1.  

Anthony Mlata

Community Member

Yes

The speaker mentions that the Bill must include preferential provisions to those that cannot afford electricity due to socio-economic conditions.

 

 

Day 2: Western Cape, Worcester, Zwelethemba Civic Hall, 11 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Mimi Williams

Ward Councillor

Yes

The speaker mentions that she has clarity seeking questions. The speaker ask whether this Bill is about privatisation and the concern is that people will lose jobs if that is the case. The speaker mentions the licensing or bidding and whether this Bill enables a level playing field for all in the electricity sector to generate electricity. The speaker mentions that the municipalities are surviving as a result of Eskom and asks whether the municipality will buy the electricity from Eskom or other parties and for what price. The speaker mentions those involved in electricity infrastructure damage should carry a life sentence. The speaker asks what the Transmission System Operator (TSO) is and what it will do.

  1.  

Desiree Juup

Ward Councillor

Yes

The speaker mentions the concern of illegal connections in the community. The speaker asks where this must be reported and how must it be handled. The speaker mentions the issue of power cuts due to unpaid rates and electricity and asks whether this is permissible to do by the Municipality.

  1.  

Rev Nkosi

Holiness Ministries

N/A

The speaker mentions that the Bill is presented to the people within a short space of time and he is concerned as it is a complex Bill. The speaker mentions that Eskom is a parastatal and is operating with tax payer’s money, and the Bill now is suggesting for Eskom to be independent and operate without government. The speaker mentions that his understanding is that the Bill is introducing new players to compete in the sector, the speaker mentions that before this takes place Eskom must be decentralised in order for the provinces to generate their own electricity. The concern is that it is unclear which stakeholders will be in the sector to compete.  The speaker concerned that foreign companies will be the license holders due to the fact that local companies do not have the required skills to operate in the sector. The speaker mentions that the Bill is at a high level and complex therefore it needs time to read and understand it.

  1.  

Boyce Nyani

Ward 11

Yes

The speaker mentions the issue of loadshedding which negatively impacts the community. The speaker mentions the concern of overcrowding and states that a report on the media stated that there is 19 million foreign nationals. The speaker believes this is more than what is reported because there is more illegal foreign nationals. Therefore, the loadshedding is caused and worsened by the foreign nationals. The speaker therefore asks for interventions from Parliament. The speaker adds that even some shops owned by foreign nationals sell electricity which is problematic when it is installed in the meter boxes. It is either that the units do not register or it is less than the amount purchased. The speaker asks if the Bill addresses this issue. The speaker mentions that the 5 years imprisonment is not enough for those that steal and damage electricity property.

  1.  

Derek Arries

Langeburg Ward 07 / National Coloured Congress

N/A

The speaker mentions that the damage to infrastructure negatively impacts the community.

  1.  

Mbara Stemer

ANC

N/A

The speaker mentions the concern that Municipalities do not respond to complaints of electricity by the community. The speaker mentions conflict in the informal settlements due to access and availability of electricity therefore asks for each person to have their own access to electricity or own meter box. 

  1.  

Xolani Cekiso

ANC

Yes

The speaker mentions that he is hopeful that the Bill will work for the people differently than the former Bill. The speaker mentions that he supports that Eskom must have competition which will help the electricity supply. The speaker mentions that the electricity infrastructure damage and stealing of copper cables should be 5 years and it is therefore sufficient as provided for in the Bill.

  1.  

Arnold Pekeur

Ward 12 Montegoue /

National Colored Congress

Yes

The speaker mentions support of the Bill, although has issues. The speaker asks how the Bill will assist the poor especially with regards to building RDP houses. The speaker asks what the plans for renewable energy are. The speaker asks how Black Economic Empowerment (BEE) is going to be implemented in the Bill. The speaker asks whether the new players will be supplying electricity via renewable energy sources and what are the electricity solutions regarding solar and wind. The speak asks how the IPPs will affect loadshedding, whether it will end as a result of opening up the sector to new suppliers. The speaker mentions that the theft of cables and damage of infrastructure should be treated like arson charges. The speaker mentions the need for severe punishment for cable theft and the scrapyard owners. The speaker mentions that there is a fluctuation of tariffs in the month, and this must be addressed and changed

  1.  

Joseph Jaftha

ANC

N/A

The speaker mentions that he has never had electricity access, as one of the first resident in the area. The speaker mentions that a fire was caused as a result of government’s failure to provide access to electricity to the people and people forced to find alternative sources to cook and find warmth.

  1.  

Mr. Thulani Emmanuel

EFF

N/A

The speaker mentions concerns of certain provisions of the Bill. The speaker mentions concerns of the new players and whether they will be mostly foreign companies. The speaker mentions that to avoid this, the South African government must capacitate local companies to participate meaningfully in the sector. The speaker mentions that foreign companies do not have the development of South Africa in mind so this will be a problem in the long run.

  1.  

Zolani Hlatuka

  •  

Yes

The speaker mentions that he comes from a small township and is an entrepreneur and has ideas from this perspective. The speaker mentions the trouble is that he cannot email his idea as he fears that it will be stolen. The speaker mentions that when there is loadshedding there is a need for generators or solar energy which is not affordable for most of the community, however, has a solution to this which he will be happy to present to the relevant platform.

  1.  

Moses

Zwelethemba

Yes

The speaker mentions that he supports the introduction of competition. The speaker mentions that the SMME’s must therefore be capacitated to be able to get licenses and be competitive in the sector. This will also allow for local companies to have the required skills and transfer it in the community. The speaker mentions concerns of different units when electricity is bought from Eskom directly and the Municipality. The speaker mentions that illegal connections are prevalent in informal settlements therefore government must ensure electricity access to settlements that develop in the area for more than 3 months.

  1.  

Jerome Cupid

National Colored Congress

N/A

The speaker mentions that the electricity bought at spaza shops and municipality provides much less units than what is paid for. The speaker also mentions that there is no response for reports of infrastructure damage by the municipality and Eskom.

  1.  

Phillip

Ward 17

Yes

The speaker mentions the need to look into the BEE status when companies are operating in the sector. The speaker suggests that foreign nationals must be excluded from participating in the competition of electricity sector.

  1.  

Sabelo Swartbooi

Zwelethemba

N/A

The speaker mentions he struggles to accept the Bill as he believes Eskom has the capacity and ability to provide electricity to the nation. This is noted during the 2 weeks of the Rugby World Cup when there was electricity without loadshedding. The speaker mentions that if this Bill is accepted Eskom will be like the South African Airways (SAA), Post Office etc., which means the community will suffer as a result. The speaker mentions that the Minister of Finance mentions writing off the debt of Eskom which means that the entity will be able to manage its operations moving forward. The speaker mentions that the theft of copper cables must be addressed harshly therefore suggests a much higher sentence than what is suggested in the Bill.

  1.  

Francina Booysen

Robertson

N/A

The speaker mentions that the Municipality implements power cuts without any prior warning. The speaker mentions that this is concerning for vulnerable persons especially for those that qualify for subsidies which takes a couple of years to register and in the meantime cannot afford electricity, but power is cut off. The speaker mentions that the Municipality charges R2000 to activate the account for the meter boxes which is not affordable for grant recipients.

  1.  

Portia Allam

ANC

Yes

The speaker states the copper cable thieves must be arrested. The speaker mentions that Eskom must have competitors. The speaker mentions the need for youth to be trained and for skills development – that this must be addressed in the Bill. The speaker also mentions that the electricity units bought from spaza shops is less than the purchased price. The speaker mentions that prior warning must be given before power cuts as the lack of communication negatively impacts the community

  1.  

Anthony Richards

  •  

N/A

The speaker mentions that serious steps must be taken against those that steal cables and damage infrastructure. The speaker mentions that reports of infrastructure damage are not being attended to by government. The speaker mentions that the number units being deduced from the amount paid for electricity must be explained

  1.  

Cynthia Tongiwe

Ward 16 Worcester

Yes

The speaker supports the copper cables theft must lead to arrests and must be addressed harshly because its impact is far reaching. The speaker mentions the need for skills development and education on the sector to the youth. The speaker mentions the need for the Portfolio Committee on Mineral Resources and Energy (PCMRE) to look into the sale of electricity by the foreign nationals.

  1.  

Mlungisi Mnceka

Ward 16 Worcester

Yes

The speaker supports the Bill, however, mentions that there are some fears/concerns. The concern is who exactly benefits from the provisions which are based on past experience is typically those that are already wealthy. The arrest of those that damage and steal cables is welcomed but it is important to look into how to regulate the industry to ensure that those that generate electricity are lawfully generating electricity. There is a need to provide a sentence for the companies that are generating energy illegally not just the ones that damage infrastructure and steal cables. The speaker mentions the concern and request interventions of the electricity sold by foreign nationals which is very expensive, and sometimes doesn’t work in the meter box. The speaker mentions the need to include monitoring and evaluation clauses in the Bill to ensure that the Bill is working as it supposed to be.

 

 

Day 3: Western Cape, Overstrand, Multi-Purpose Centre Hermanus, 12 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Masibongwe Sihlahla

Ward 12 Councillor 

Yes

The speaker mentions that the community faces a lot of challenges as a result of electricity access and significant amounts of loadshedding. The speaker mentions that a number of the economic sectors in the country need transformation. The speaker mentions that the Bill seems to be positive and will bring about the necessary change. The speaker mentions that he is happy to see that the Bill does not privatise Eskom which would be something he would not be able to support given that it will not help the people. The speaker mentions that the Bill will assist in the transformation of the sector and assist the people to be part of the economy therefore supports the Bill.

  1.  

Dereck van der Spuy

Overberg District / Traditional Leader

Yes

The speaker mentions that he represents the royal house and makes submissions in this regard. The speaker mentions support for the legislation as it will promote employment for the youth. The speaker mentions the importance of the royal house to work with the government with regards to land.

  1.  

Peter Heskwa

Military Veterans/ Traditional House in Overberg Representative

Yes

The speaker mentions support of the Bill only if the penalties and offences provisions are changed from 5 years of the criminal sentence to rather 20 years, and the 1 million fine is changed to a 20 million fine.

  1.  

Myfannwyn Strauss

South African Civics Organisation (SANCO) Overberg

No

The speaker mentions that people are already struggling with Eskom and electricity. Therefore, the speaker asks what additional players will do differently.

  1.  

Lukhona Buyephi

Ward 7

Yes

The speaker mentions the South African population requires additional electricity due to the increased demand. The speaker mentions that the new generation capacity and infrastructure is long overdue and therefore supports that the Bill facilitates this. The speaker welcomes the IPP’s assisting Eskom as Eskom already has its own challenges.

  1.  

Gcinile

ANC

Yes

The speaker mentions support if Eskom will take the lead, whilst being supported by the additional role players. The speaker mentions that Eskom does not have the capacity to ensure access to electricity to all, but the additional role players will assist in this regard. The speaker mentions that the stealing of cables and infrastructure damage is a big challenge in the community. The speaker mentions that the big corporates are the ones perpetuating the cable theft and Parliament must look into this. The speaker mentions that R1 million is too little and suggests 2 million.

  1.  

Gcobani Cetyiwe

SANCO

No

The speaker mentions that Eskom exists with Ministries responsible to look into the electricity crisis therefore the Bill is not relevant to the issue of electricity, therefore the suggestion is to use the skills and resources to enhance the existing departments and Eskom.

 

 

Day 4: Western Cape, Langa, 13 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Veronica Mngomezulu

Hout Bay

Yes

The speaker mentions that the community is not aware of the Bill, that sufficient time was not given on the contents of the Bill. The speaker mentions that the jargon of the Bill is technical therefore there is a need for education on the sector and the Bill as well. The speaker mentions that some people such as pensioners are not able to afford electricity and the Bill must address these issues.

  1.  

Lulamile Mqeke

Hout Bay

Yes

The speaker mentions that the electricity boxes in the community are open and very dangerous especially for children. The speaker mentions that his box sometimes works, and other times does not, and when he reported this, he was told to pay a fee which he can’t afford. The speaker mentions exposed or open poles which are dangerous and risks of electrocution. The speaker mentions that the unemployed youth must be trained in the sector.

  1.  

Myolisi Magitisela

SANCO Khayalitsha

Yes

The speaker mentions that Eskom is facing many challenges. The speaker mentions the need for education on the Bill. The language used in the Bill as it is technical. The speaker mentions that the Bill is not clear on what it will do in the new informal settlements and ensuring access to electricity in this regard. The speaker mentions that many informal settlements are without electricity despite being in the area for many years which needs to change. The speaker mentions further concerns of loadshedding, the failure to maintain transformers and the reality in the community of illegal connections of electricity.  

  1.  

Wantu Mize

Langa Resident

Yes

The speaker asks whether community members can claim tax from the purchase of electricity by using the receipts which indicate VAT payment.

  1.  

Thando Xhelo

Bhunga Street Chairperson

Yes

The speaker mentions that if the Bill brings tangible difference and change then he will support the Bill. The main issue is the affordability of electricity.

  1.  

Kholekile Mateke

SANCO

Yes

The speaker mentions that the electricity is supplied by both the local municipality and Eskom therefore it must be explained to the community why this is the case in order to know why units will be different even if the purchase price is the same.

  1.  

Nomahlubi

Khayalitsha Health Forum and School Governing Body Association

Yes

The speaker mentions the concerns of high electricity rates especially for schools which the speaker mentions the billing is based on estimation. Further the electricity infrastructure damage is causing a big issue for children as it is a dangerous risk for electrocution. The speaker mentions the need to strengthen the relationship between law enforcement and the suppliers for electricity generation. Further the Bill must address the infrastructure damage and stealing of cables.

  1.  

Isanda Magwa

SANCO Khayalitsha

Yes

The speaker mentions the concern of PCO’s not being available in the meeting. The speaker mentions that the time of the public hearing is inappropriate that it should be at 15h00 to have more people in the venue. The speaker mentions the need to be educated on the Bill which did not take place appropriately.   The speaker mentions that Eskom must come to the community and explain why the electricity purchased is exorbitant.

  1.  

Msingathi

Health Persons with Disabilities

Yes

The speaker mentions that the meter boxes are installed very high in the homes and for persons with disabilities such as those using wheelchairs it is difficult to load electricity. The speaker further mentions that the housing arrangements including the toilets are not disability friendly. The speaker mentions that the electrical wheelchairs which need to be charged are impacted during loadshedding which means people are not mobile.

  1.  

Nowam Dlilanga

Hout Bay

N/A

The speaker mentions that the electricity billing she is receiving is too high and much more than she used to pay before. She mentions that she is dependent on the grant and therefore cannot afford electricity. The speaker mentions that the foreign nationals are connecting electricity illegally. The speaker mentions that the youth is unemployed and this situation is on the rise and the reality is that the youth that is unemployed is now having children which forces the grandparents to feed everyone on the grants, therefore the electricity access is important to cook food etc. therefore the electricity must be affordable within this context.

  1.  

Mr. Marasi

SANCO

N/A

The speaker mentions that the opportunities to open the market is concerning and asks will it not impact the community negatively. The speaker asks whether the subcontractor will charge more than Eskom thereby making electricity more expensive. The speaker mentions the need for law enforcement and to pay attention to the illegal connections of electricity in the community.

  1.  

Ms. Bulelwa

Langa Resident

N/A

The speaker mentions that the Bill is new and she is hearing about it now, therefore requests that this process be the first of many processes of engagement which would allow for the communities to read and understand the Bill. The speaker mentions that the measurements of the population should be considered in the implementation of the provisions of the Bill.

  1.  

Linda Mothibi

Climate Change Advocacy

N/A

Clause 3.1.2 – Competitive Electricity Market – the speaker asks whether the suppliers will provide renewable energy. Tariff Regulation – the speaker asks what the regulation will entail. 3.5.4. – Government Policy Framework – speaker asks whether a new form of energy is being formed. Clause 6 – the discretionary power rather than mandatory obligation – speaker asks whether this is now discretionary power and why. Explanation of the export and import – speaker asks what is being exported and imported. Confidential disclosure – the speaker asks why this provision is applicable, the speaker states that this should be public information by the license holder.

  1.  

Cele Esau

Cape Town Unitarian Community

No

The speaker mentions the concern about Eskom telling NERSA about the tariff pricing and not the other way around. The concern is opening up the industry to enable competition with a regulator like NERSA is problematic given that NERSA has already set prices at unaffordable rates and does not assert its authority.  The speaker mentions that the have nots will be severely impacted by this Bill.  The speaker requests the PCMRE to seriously look into this aspect of competition

  1.  

Miranda Claassen

  •  

N/A

The speaker mentions the need to implement enforcement provisions to address the illegal connections and damage to infrastructure.

  1.  

Ms. Barbara

  •  

N/A

The speaker mentions that in her home she has an electricity box however it is situated in the neighbours home therefore this causes a problem including the rising electricity rates and access to the box.

  1.  

Athi Nkosi

ANC / Ward Youth Development Council Khayalitsha

Yes

The speaker supports the competition introduced which will also assist to see where the issue is when it comes to electricity access. The speaker supports the penalties and offences of R1 million fine and 5-year sentence, as the impact of the crime is far reaching. The speaker mentions that Eskom is not responsive in poor communities and failing the people. The speaker mentions that Eskom officials are selling electricity unlawfully which is problematic.

  1.  

Kholeka Tema

Langa Resident

Yes

The speaker supports the introduction of competition for the sector as Eskom is struggling. The speaker also hopes that this competition will help with the affordability of electricity. The speaker mentions that NERSA needs to be stronger in the regulation of the tariffs. The speaker mentions that the cable theft must be fined but at R500 000 rather than R1 million.

  1.  

Monwabisi Makoma

Khayalitsha

N/A

The speaker mentions he does not know whether to support or reject the Bill.

The speaker mentions concerns of the introduction of competition in the industry. The speaker mentions that he is not convinced that competitors will charge affordable rates for electricity as Eskom is already charging expensive rates. The speaker rejects competition in the sector and believes that Eskom must be the sole provider of electricity.

  1.  

Michael Zondi

Ward 27/ ANC

Yes

The speaker mentions that before 1994 black homes did not have electricity until democracy and he supports this Bill with this in mind to ensure all people have electricity. The speaker mentions 3 issues: asks how the community will be protected from the Democratic Alliance (DA), and how the regulations of DA will benefit the people as it currently does not in the Western Cape. Asks how the small business will be assisted and not be excluded from big business in the sector.

  1.  

Xolile Tolobisa

Langa

No

The speaker mentions that the competition suggested by the Bill is not genuine and will only benefit those already benefitting from Eskom. The speaker mentions that those stealing cables and damaging infrastructure will not be addressed until there is a united front. The speaker mentions disappointment at not having prior knowledge of the Bill.

  1.  

Mr. Gxukwana

Mfuleni Ward 114/ SANCO

Yes

The speaker supports any means that will address the issue of loadshedding. The speaker mentions the need for ward committees to be aware of public hearing meetings in order to assist with mobilisation. The speaker supports the penalties and offences provisions. The speaker mentions the need to replace copper with something else to curb cable theft.

  1.  

Simpiwe Nonkeyizana

ANC

Yes

The speaker mentions that the competition in electricity generation, transmission – asks whether there will be a monitoring of the energy sources used for this to ensure there isn’t a monopoly of renewable sources. The speaker asks whether the Bill addresses the conflict on renewables and fossil fuel sources of energy. The speaker mentions that the offences and penalties should be R2 million and sentence should be 10 years rather than as currently suggested in the Bill.

  1.  

Thembalani Nyamakazi

Ward Councillor

Yes

The speaker mentions that if the Bill is addressing the challenges of electricity, then there is no reason to not support it.

  1.  

Phumzile Yawo

Langa Resident

No

The speaker mentions that the Government is not taking responsibility and simply outsourcing the problems. The speaker mentions that if Eskom was led properly then the crisis would not exist. The speaker mentions that the Bill will make the rich richer and poor poorer. The speaker mentions that the community doesn’t have the skills to generate and transmit electricity, therefore those already in the sector in high positions will benefit not the community.

  1.  

Michael Kosile

ANC

Yes

The speaker supports the Bill as there is a lot of electricity issues in the country.

The speaker however mentions concerns of the companies that will compete in the industry and is not convinced that the companies will think about the poor and the vulnerable in the community. Therefore, the request is that the companies must take into consideration the poor people in a similar way that Eskom does with extra units at the end of the month. The speaker mentions that the sentencing should be more than the suggested, and that the illegal connections is a problem that is fixed by ensuring all have electricity.

  1.  

Thandeka Jayiya

Langa Resident

N/A

The speaker mentions that as a pensioner she receives 65 units but now receives 25 units and communication about this change is not done. The speaker mentions the need to address loadshedding.

  1.  

Khuliso Nesengani

Business Unity South Africa (BUSA)

Yes

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure

 

Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. We have identified a few changes which warrant attention, including the following:

 

Vesting contracts

 

Section 34B(5)(c)(ii) of the 2023 Amendment Bill provides that it is a function of the CPA to conclude vesting contracts with Eskom generators and/or distribution licensees to manage the transition to a competitive market. The 2023 Amendment Bill defines vesting contracts as a contract between the National Transmission Company South Africa SOC Ltd and an Eskom generator or a distribution licensee, for the sale of a specified amount of electricity at a specified price as a mechanism to facilitate the transition to a competitive market. BUSA needs an insight into the implications of the conclusion of vesting contracts. It is key that Eskom prices competitively, and that the competitive market is retained. If vesting contracts result in Eskom having a guaranteed off taker, while the private market does not, the competitive market is undermined. The Eskom generation price should be regulated, and the pricing of these contracts must be approved by NERSA. The addition of the words ‘as approved by the Regulator’ would provide clarity in this regard.

 

The Central Purchasing Agency (CPA)

 

Section 34B (5) refers to a CPA. BUSA questions how many central purchasing

agencies there will be. Should this be amended to the CPA? Section 34B(5)(c) of the 2023 Amendment Bill is inconsistent with the definition of the CPA, which states that this entity is only formed for the duration of the transition to a competitive market. The central Purchasing Agency’ is defined as an entity assigned to fulfil the role of the wholesale buyer to maintain system integrity during the transition to a competitive electricity market. As BUSA, we propose that the words ‘during the transition to a competitive electricity market’ be deleted from the definition, so that the CPA is not restricted to performing functions during the transition period.

 

6.2 Eastern Cape Province

 

 

 

Day 1: Eastern Cape, Matatiele Local Municipality, Maluti Civic Centre

Name

Organisation

Support Yes/No

Reasons

  1.  

Peter Ndlovu

Economic Freedom Fighters (EFF)

Yes

Supports the Bill because people are dying as a result of loadshedding crisis and believes the Bill will alleviate this.

  1.  

Khathali Ithabeleng

Ward 01

Yes

Mentions that the fine and imprisonment suggested in the Bill is supported as the level of crime is high and this provision could be a deterrence. The speaker welcomes that the Bill does not privatise Eskom as he believes privatisation will not assist in fixing the electricity challenges and invite additional challenges to the community. The speaker mentions his support of the introduction of competition in the electricity sector as he believes Eskom is clearly not able to provide electricity on its own.

  1.  

Zolani Masunda

Sosiba Wenkundwa

Yes

Speaker asks how long it will take for those applying for license to generate electricity?

  1.  

Solomzi Thaka

South African Civics Organisation (SANCO) / Maluti Resident

Yes

The speaker states that he supports the Bill because he believes it can make a change and help the people.  The speaker welcomes the ability for individuals to sell electricity back to Eskom or to stakeholders willing to buy from electricity self-generation.  The speaker mentions the need for government to help the smaller business to also generate electricity or participate in the electricity sector.

  1.  

Mayibongwe Mhlonyane

Matatiele Resident

Yes

The speaker mentions that the Bill will help the people. However, the speaker mentions as he only received the Bill this morning, his support of the Bill is only to aspects he is aware of which were mentioned in the introduction of the public hearing. The speaker states that the imprisonment and fine provisions relating to persons that damage electricity infrastructure and steal cables is welcomed and highly supported, however recommends that the imprisonment must be increased to 10 years rather than the suggested 5 years.

  1.  

Shamilla Pather

Green Pastures Energy Company

Yes

The speaker mentions that in order to enable small role players to participate in the sector, the Bill must support the small businesses and must include provisions which mitigate against the red tape that impedes participation for all. The speaker emphasises the need for ease of doing business for the small businesses to fully participate in the electricity sector. The speaker asks;

  • At what point/level individuals can sell electricity back to Eskom or stakeholders from self-generation?
  • At what level/megawatts (MW) of generation must individuals register for self-generation?
  1.  

Lulwando Sithole

Ward 20 Maluti

Yes

The speaker mentions the support of provision which fine and imprison persons that damage the electricity infrastructure, however, mentions that 5 years is insufficient and should rather be a life sentence.

  1.  

Maile Mapena

Matatiele Speakers Office – Public Participation

Yes

The speaker mentions support of the Bill as he believes that it will enable job creation. The speaker recommends a 10-year imprisonment sentence to individuals that damage electricity infrastructure.

  1.  

 

 

 

 

 

 

Day 2: Eastern Cape, OR Tambo Municipality, Tsolo Town Hall

Name

Organisation

Support Yes/No

Reasons

  1.  

Sibongiseni Qangani

SANCO Deputy Chair in Mhontlo / Ward 17

No

The speaker mentions that Eskom is failing due to the failures of Parliament. The speaker mentions concerns with the Bill as it introduces other private sector service providers (IPPs). The speaker mentions that under the Department of Public Works when service providers became involved the building of roads and infrastructure the service was poor and not for the people, which the speaker believes will most likely become the same situation with electricity if IPPs are involved in electricity sector.  The speaker mentions the challenges of loadshedding and lack of electricity access in the community, and she is concerned that the Bill does not address how it will benefit the community, states that the Bill has no provisions indicating this.

  1.  

Madoda Somhlahlo

SANCO / Ward 7

No

The speaker mentions that the electricity crisis is man-made. States that the increase in housing and people in the township also causes a problem with the transformers as they overburdened.

The speaker mentions concerns on the adjudication of the licensing approvals and asks how the people will be able to address their objections to certain service providers or IPP’s being used. The speaker makes an example and states that Mtiza electricity that is sold is very high and unaffordable for rural communities however the people have no choice of an alternative. The speaker mentions that in the rural areas, the loadshedding severely impacts the people. The speaker mentions that the organisation that he represents (SANCO) has not arrived at a position on the Bill.

  1.  

Nomafu Tshangana

SANCO

No

The speaker mentions concerns about the service providers that are introduced and a risk to the community, specifically as there is no monitoring of the quality of the services and there is no accountability of the service providers etc.

  1.  

Zoliswa Ndinga

ATM

No

The speaker mentions that Eskom is failing due to the failing of Parliament. The speaker mentions that the Bill introducing private service providers will not assist Eskom and as Parliament has not been successful in monitoring Eskom, what more for service providers. The speaker mentions that there are people that steal electricity which Eskom is unable to manage and catch the criminals, that needs to be addressed.

  1.  

Wonga Kauleza

EFF / Ward 07

No

The speaker mentions that the competition in the sector will be for specific people which will increase corruption and not assist in fixing the problem of loadshedding. The speaker asks how the new role players will enable electricity access to the people if they do not have access to the South African network, speaker mentions that there will be too many pylons in the community which is not ideal.

  1.  

Fanekhaya Madolu

Mthatha Rent Payers Residence Association Representative / KSD Mthatha Ward 8

N/A

The speaker mentions that the Bill is coming very late to the community. The speaker mentions that the middle men are affecting the community as consumers because the pricing is too high. The speaker mentions that the companies that are being introduced must be known. The imprisonment sentence and fine of R1 million, the speaker mentions that the challenge is that it is mostly kids that participate in the cable theft therefore R1 million is too steep.

  1.  

Khanyisa Dlangana

SANCO / Ward 7

No

The speaker mentions that the challenge is that the coal mines are not operating and have been closed which causes electricity crisis because coal is part of electricity generation. The speaker asks how the private sector companies will assist if the country is not mining coal for electricity generation. The speaker mentions that the National Energy Regulator of South Africa (NERSA) does not serve the people as the pricing is very expensive and the community is suffering as a result of this.

  1.  

Nomfumaneko

SANCO

No

The speaker mentions that Eskom is failing due to Parliament’s failures. The speaker further mentions that loadshedding is man-made as was seen with electricity access without outages during the Rugby World Cup.

  1.  

Mfikelwa Julu

Ward 6

No

The speaker mentions the challenges of electricity access in the community.

The speaker mentions that Eskom has been failing the people and was under the impression that Parliament would intervene and help the people. The speaker mentions concern with introduction of service providers which will be overseen by Eskom as Eskom already does not have the capacity and skills to manage its own affairs.

  1.  

Eunice Damane

Ward 6

No

The speaker mentions the rejection of the Bill.

 

  1.  

Tembile Zibi

Mthatha Rent Payers Residence  Association Representive

N/A

The speaker mentions that the penalties for electricity damage is already a crime. The speaker mentions that the open market being overseen by NERSA is concerning given the breakdown of oversight institutions in the country. The speaker states that the Bill must include how to hold NERSA accountable and what must happen if they do not do their job.  The speaker mentions that the self-generation is good but asks whether the option to sell applies to Eskom only or whether individuals can sell to other service providers. The speaker mentions that the provision that says license holder may transfer a license to another person is concerning where the holder already has caused problems and must be held accountable but has subsequently transferred the right to someone else. The speaker suggests that this must be regulated such that the license holder cannot do that until such time as problems are addressed before transferring. The speaker mentions that the Bill mentions that if the end user has a complaint, the person must go to NERSA, but it does not indicate the process for when the outcome of this is not properly done or adjudicated which can be detrimental to the people.

  1.  

Phindile Phikeni

Ward 5

No

The speaker mentions that the challenges of Eskom must first be fixed and that introducing the new role players will not fix the issues. The speaker mentions that the Bill is very concerning, and the powers of the Minister are too far reaching.

  1.  

Michael Mgadu

ATM / Ward 26

No

The speaker mentions that Eskom has many problems which are mostly man –made, specifically loadshedding.  The speaker mentions that the individuals that have caused corruption in Eskom must be held accountable. The speaker mentions that Eskom has the capacity and ability to provide electricity to all in the country. The speaker mentions that the provision on the penalties is good and welcomed. The speaker mentions that lawlessness is rife therefore there is a need to strengthen the arrest of those that steal. The speaker mentions that the Bill introduction of private sector stakeholders will not benefit the people as they do not care about the wellbeing of the people. The speaker mentions that the Bill will not benefit the poor people only the selected few. The speaker mentions that NERSA as a regulating body is failing the people and its functions as it was not holding people accountable when there was a scandal of the sale of electricity vouchers.

  1.  

Bulelani Mzamo

African National Congress (ANC)/ Ward 08 Mhlontlo

No

The speaker mentions the need for the service providers to empower Eskom to deal with all the issues in the community.  The speaker mentions that Eskom is in a crisis due to lack of money therefore the money used to find IPP’s must be used to strengthen Eskom to assist the entity to ensure electricity access to the people. The speaker mentions that Eskom has the capacity and skill required to provide south Africans with electricity.

  1.  

Sonwabiso Vava

COSATU/Ward 7

No

The speaker mentions that the people will be poorer with this Bill because Eskom has a policy which subsidies’ the elders for electricity access which the speaker believes the private sector will not continue with as they are not serving as government entities. The speaker mentions that outsourcing is not the solution to this that the solution is to ensure that Eskom financials are in good standing.  The speaker mentions the electricity infrastructure damage is a crime and the penalties are good but the aim must be for rehabilitation and the fine is too steep for rehabilitation.

The speaker mentions that the private companies are driven by profit therefore the sale of energy will be high, and the speaker hopes that the provisions will protect the people.

  1.  

Thembelani Guga

SANCO

No

The speaker mentions that outsourcing has dire consequences for the people and only perpetuates the will of capitalism. Eskom has a leadership problem, and the people are not held accountable such as being let go if they are not doing their jobs. The speaker mentions that outsourcing cannot be the option for everything especially for the electricity sector which is key to the country. The speaker mentions that the change of leadership is what is required, to appoint those that are competent. The Bill will only serve the capitalists and the selected ones with the means.

  1.  

Mfanelo Xwayi

Ward Committee Member

No

The speaker mentions that Eskom has the skills and capacity to fix the challenges and provide electricity to all. The speaker mentions that the Parliament is failing the people because the people in the community have very big electricity issues which have not been addressed for years.

  1.  

Ntsindiso Noncavu

Coastal Links Eastern Cape / Port St John 

No

The speaker mentions the Bill provides the Minister and NERSA too much powers. The Bill is silent on what will happen to the community in terms of the development that comes from the electricity sector, the disputes and specifically the provisions which enable the minister to take land that he/she needs for the sector. The speaker mentions that the community does not have a platform to voice concerns in the sector which is not appropriate.

  1.  

Sobantu Makhamba

ANC

No

The speaker mentions that Eskom can be fixed independent to introduction of the private sector therefore speaker does not support the Bill.

  1.  

Fikile Sobahle

SANCO

N/A

The speaker mentions that the Eskom crisis has caused many businesses to close.  The section 14 on tariffs needs more discussion, even the entirety of the Bill itself. Therefore, he is unable to support or reject the Bill at this point.

  1.  

Mbulelo Vunguvungu

ANC

N/A

When we took a decision to electrify a larger amount of people to create a better life for all South Africans, we forgot to build more power stations, if we did we would be able to generate sufficient electricity on the grid. We therefore urge the government to capacitate Eskom to live up to its mandate. The Minister of Electricity must be supported financially and otherwise. The personnel at Eskom needs to be capacitated with more skills so that the entity can thoroughly perform. As it stands, I cannot support nor reject the bill.

  1.  

Ntandokazi Capa

Speaker of OR Tambo Municipality

Yes

The speaker mentions that Eskom must be properly placed in terms of who they are accountable to in Parliament. Suggestion is for Eskom to account to the PCMRE as the committee responsible for the policy of electricity is the DMRE

The speaker rejects the IPP’s based on past experiences in telecommunications MTN, Vodacom, Cell C etc. as private sector actors which destroyed Telkom an SOE. The speaker suggests investment into the power generation capacity of Eskom and for Eskom to continue to provide electricity.  The speaker mentions the risk of NERSA being the only body regulating the sector and the IPPs especially on pricing.  The speaker mentions that importance of maintaining the capacity of the state which will diminish with the introduction of IPP’s. The speaker supports and welcomes the introduction of the penalties for electricity damage and cable theft. She supports the fine of R1 million and prison sentence.

The speaker will support the Bill with amendments mentioned.

 

 

Day 3: Eastern Cape, Chris Hani District Municipality, Thobi Kula Indoor Sport Centre

Name

Organisation

Support Yes/No

Reasons

  1.  

Mnqophiso Noye

SANCO

Yes

The speaker believes the Bill will help with easing of loadshedding.

  1.  

Mongezi Seti

Community Member

Yes

The speaker mentions that he believes the Bill will help with easing of loadshedding. The speaker asks for the Bill to be explained to the community as he has only received it this morning.

  1.  

Phumla Mabhange

Community Member

Yes

The speaker mentions that provisions for damage to electricity infrastructure should carry a 10-year imprisonment.

  1.  

Abdul Fatan Tshambo

ANC/ Ward 30

Yes

The speaker supports the competition that the Bill introduces as it will enable the community to choose a service provider. The speaker mentions that the provision for damage to electricity infrastructure must carry a 10 years’ imprisonment sentence instead of 5 years. The speaker mentions that the government must make sure there is monitoring provisions once the Bill passes

  1.  

Pastor Mluleki Ranelo

Ward 10

N/A

The speaker mentions appreciation of Parliament coming to the community and enabling participation in the law-making process. The speaker mentions that NERSA should be able to accept complaints directly from the community.

  1.  

Mtotose Ndyalivene

Councillor Ward 30

Yes

The speaker supports that Eskom will remain State Owned Entity (SOE). The speaker supports the IPP’s and the regulation of NERSA in this regard. The speaker supports the R1 million fine but suggests 10 years imprisonment sentence for damage to electricity infrastructure.

  1.  

Mvusi Mretyana

Councillor Ward 9

Yes

The speaker supports the Bill

  1.  

Lindokuhle Ndamane

Ward 33

Yes

The speaker supports the competition the Bill suggests but suggest that there must be a company that is created that makes sure that big business buy electricity from them only. The speaker supports the fine but suggest a 15-year imprisonment sentence. The speaker mentions that the sale of electricity back to Eskom from individuals must be carefully monitored to ensure proper process.

  1.  

Simakele Qwele

Insikayethu

N/A

The speaker mentions that he has an interest in the generation aspect and the use of coal. The speaker mentions that the coal must continue to be the main resource used in the electricity generation even by the IPP’s. The speaker therefore asks how coal will be managed with the Bill.

  1.  

Sivuyile Plaatjie

Councillor Ward 32

Yes

The speaker mentions that the imprisonment for damage to electricity infrastructure must be 15 years given the far-reaching impact of the crime specifically when it comes to cable theft. The speaker mentions that the unbundling of Eskom may cause corruption based on the fact that the entity is already struggling, and the other SOE are known to have corruption vulnerabilities.

  1.  

Noluthando Nqabisa

Speaker Enoch Mgijima

Yes

The speaker mentions that the provisions relating to the tariff regulations is welcomed as the community has been complaining about vagueness, and changes of pricing and tariffs. The generation of income to the municipality through other forms of energy generation such as solar, hydro etc. in the community is welcomed as a possibility looking at the provisions of the Bill. The speaker suggests an imprisonment sentence of 10 years for those that damage and steal electricity infrastructure, and further that those that purchase the illegal items must be sanctioned as well

  1.  

Lungelwa Ketsekile

Ward 10/ Business Owner/ ANC

Yes

The speaker mentions that she welcomes the ability to sell electricity back to Eskom. The speaker mentions that 10 years imprisonment and if the crime is committed by a foreigner then the person must be deported.

  1.  

Asanda Sizani

Cllr Ward 2

Yes

The speaker mentions that the high crime rate in the country and therefore the imprisonment must be higher than suggested in the Bill. The speaker mentions life imprisonment for criminality related to electricity infrastructure and cable theft.  The speaker mentions the high cost of electricity which must be addressed and proposes a system for indigent members of the community.

  1.  

Papama Medubedube

Enoch Mgijima Councillor

Yes

The speaker mentions the need for the empowerment of Small Medium and Micro Enterprises (SMME’s) and local business in order to participate as IPP’s. The speaker mentions that the leadership in Eskom must be addressed to ensure that the patriotic leadership are leading the day to day in the entity. The speaker mentions the need to address the corruption to ensure that the people benefit from the work of the IPP’s.

  1.  

Yonela Casa

Ward 10

Yes

The speaker welcomes the promotion of energy mix through the Bill. The speaker mentions that the community has already has a programme that is focused on local community embedded electricity generation therefore the Bill needs to ensure that it is aligned with the local community programmes, and the Municipality must receive additional funding for additional generation at a local level.

  1.  

Sidwell Felane

 

Yes

The speaker believes that the Bill will assist with the challenges in Eskom and create job opportunities. The speaker mentions that the Bill must ensure that the units for indigent persons is increased.

  1.  

Unathi Galada

Acting Mayor

Yes

The speaker welcomes the provisions regarding the imprisonment and fine for damage to electricity infrastructure. The speaker mentions concern of prioritising IPP’s and the impact it will have on Eskom as a State Entity. The speaker mentions that there is a need to regulate the IPP’s .

 

 

Day 4: Eastern Cape, Nelson Mandela Metro, Babs Madikane Town Hall

Name

Organisation

Support Yes/No

Reasons

  1.  

Nokuzola Mantile

 Ward 24

Yes

The speaker mentions the crisis of loadshedding and that it is exacerbated by foreign owned shops that use the electricity for business and overload the transformers. The speaker requests that the power stations in the community must be reopened to provide additional energy. The speaker mentions support of the provisions relating to imprisonment and fine of people guilty of cable theft and electricity infrastructure damage. The speaker mentions that cable theft has a big impact on the community, as robots do not work, street lights does not work and this raises further crime as the streets will be dark. 

  1.  

Linda Festile

Ward 26 / Eastern Cape Environmental Forum

Yes

The speaker mentions the negative impact of loadshedding in the community and it is concerning. Suggests that the Bill must address some of the loadshedding impacts under loss and damage particularly as appliances get damaged when there is loadshedding. The speaker mentions the need for the Bill to be clear on the just transition and how it will enable this through IPP’s, as it is not mentioned in the Bill. The speaker mentions that she doesn’t support nuclear energy as it is not clean energy. The speaker mentions that in PE there is sun and wind which can be used to generate electricity as a renewable energy rather than nuclear. The speaker mentions support of the Bill only if there is amendments that take into account her suggestions.

  1.  

Funeka Makaleni

Ward 24

Yes

The speaker asks about those that will supply electricity without a license but are subcontracted to do so – she asks how they will be monitored and what the advantages and disadvantages of this.  The speaker mentions that the Bill must be implemented to ensure options of the electricity supply.

  1.  

Sesethu Maseti

Ward 24

Yes

The speaker mentions the problem of loadshedding and that the impact it has on people’s lives is the same as those that steal electricity cables.  The speaker mentions that NERSA must be responsible for tariffs as the regulator. The speaker mentions concerns of private sector as the IPP’s.  The speaker mentions that the just transition is a government framework through the Presidential Climate Commission however there is no action in the community. The speaker mentions concerns as the community wants the transition, such as the use of green hydrogen, wind and solar panels for energy. The speaker mentions that the climate change is caused by the coal and the need for the country to leave coal as an energy source.

  1.  

Vusiwe David

Environmental Forum called Friendly Environment  / Ward 46

Yes

The speaker mentions that solar panels need to be installed in newly developed housing as soon as possible. The speaker emphasises the utility of solar panels as a beneficiary of the solar panel program in the community. She says that she is able to have continuous electricity supply

  1.  

Andile Matsha

Ward 44 / Community Leader

 

Yes

The speaker mentions that Eskom has not serviced its infrastructure and therefore the power stations are old and not useful. The speaker mentions that the tenders that Eskom puts out is being sabotaged and there is corruption which impacts the ability for the entity to work effectively to the needs of the people.

The speaker mentions the need for solar panels and inverters in new development housing specifically RDP’s.   The speaker mentions that the high master lights are not working therefore it is too dark and risks for the community.

  1.  

Thozamile Mkhaliphi

Ward 27

Yes

The speaker mentions the need for solar panels to be installed in the houses.

  1.  

Nomisa Makuleni

Ward 44

Yes

The speaker mentions concerns of corruption that may result as a consequence of the sub-contracting, opening up the sector and the big business that will be involved. The speaker mentions that corruption is a fact in the country and therefore the Bill must have provisions to mitigate this reality.

The speaker mentions the cable theft is supported by the foreign nationals and those in criminal activities.

The speaker mentions that the provision of the sub-contractors that provide energy must be monitored because the subcontractors will want an equal share to the license holder that they are linked to.

  1.  

Zola Nyiki

Ward Committee Member /SACP / Electrical Contractor

Yes

The speaker mentions that Eskom must take over electricity supply in the community as the people are failed by the municipalities providing electricity access. The speaker further mentions that there is corruption that is taking place

The speaker mentions the leaking of oil of the transformers that are not attended to and that leads to power cuts.

  1.  

Vuyelwa Boloti

Govan Mbeki Resident

N/A

Mentions the need for the electricity box to be fixed and the speaker is not getting any assistance.

  1.  

Zobuhle Jingxa

Ward 30 Committee Member

Yes

The speaker supports the Bill, from clause 1 - 30

 

  1.  

Mncedisi Thomas

 

Yes

The speaker supports the provisions related to imprisonment and fine for those guilty of breach of the Act. The speaker mentions the need for investment in the country which is currently being driven away due to crime and electricity shortages.

  1.  

Siphiwo Mbandla

Ward 59

Yes

The speaker supports the competition and IPP’s. The speaker mentions that the municipality is failing the people therefore competition may assist the community with better service and options. The speaker mentions that big business wants to leave the country due to loadshedding. The clause 30 – provision for penalties for breach of the Act and specifically the damage of electricity infrastructure damage is supported as the impact of this on the community is far reaching.

  1.  

Sakumzi Mbaduli

Ward 46

Yes

The speaker mentions the need to create employment opportunities for the youth employment. The speaker mentions that the cables are sold to scrap yards. The speaker supports the Bill as it could help to create jobs The speaker supports the Bill. The speaker mentions the challenge of corruption in the sector and requests that once the Bill is implemented it must be carefully monitored, and guarantees must be made to ensure that stealing does not take place. The speaker mentions that the impact of cable theft is both the responsibility of the Eskom and municipality causing the loadshedding and those stealing the cables.

The speaker mentions that the unemployment rate must be addressed in order to stop the rate of cable theft. The speaker mentions that the wind turbines were allocated for a certain area in the community but has been stopped therefore asks for an intervention from government.

  1.  

Mzwandile Hote

SANCO

Yes

The speaker supports that the IPP’s will be supporting Eskom to perform its function. The speaker mentions that the support of the Bill is only if the government will ensure that electricity is affordable and help the people to have access to electricity. The speaker mentions that NERSA role must be properly defined to ensure that as a regulator it performs its function with the community context in mind in relation to pricing, disputes etc. The speaker mentions that the separation of the transmission, generation and distribution must be in aid of electricity must be affordable and accessible to the all, if this is not what people had in mind then the Bill must not pass. The speaker mentions that the solar panels installation in the newly developed housing. The speaker mentions the need for additional workshops on the Bill to ensure that the people are aware of the implications of the Bill fully.

  1.  

Asanda

ANC

Yes

ANC supports this Bill because the proposed amendments provide the necessary elements to incentivise competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply.

 

The proposed amendments, influenced by the Department of Public Enterprises “Roadmap for Eskom in a Reformed Electricity Supply Industry” entails changes to clause 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by the independent generators direct to customers and to change the current required for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised.

 

The proposed amendments further assign, duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis.

 

The ERA Bill is necessitated by the fact that the total generation capacity on offer through successive biding rounds in the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Nomakhaya Vuba

ANC

Yes

The speaker mentions the need for better communication when public hearings take place regarding Bills, suggests the use of social media and local radio. The speaker mentions the need for the Bill to take into consideration the poorest of the poor and pensioner when it comes to pricing and access.

  1.  

Mervin Schutte

Ward 49

No

The speaker mentions concerns that the Bill does not mention that the poorest of the poor will benefit.

  1.  

Noziphiwo Teyisa

ANC

Yes

The speaker supports the Bill.

  1.  

Sithembiso Bonde

NEHAWU

No

NEHAWU rejects this Bill, its contents are merely the legislative rubber-stamping of the current dismantling and privatisation of Eskom underway. The notes below provide Leadership with ammunition to reject this Bill based on the ludicrous claims made by the Neoliberal State.

 

The Roadmap for Eskom in a Reformed Electricity Supply Industry, 2019 document is an important point of context for Comrades to appreciate. This document draws reference to the 1998 White Paper on Energy Policy, which commits the State to “restructuring” the Eskom to ensure “competitiveness”. This was the initial 1996 Class Project’s attempt at Neoliberal legislative reform, through the privatisation of the utility in the guise of restructuring.

 

The rationale behind the unbundling of Eskom into three subsidiary businesses

(generation, transmission and distribution) is attributed to the changing energy needs of the country, the roadmap also claims that the current configuration of Eskom is no longer suitable to meet the country’s energy needs and has made it susceptible to corruption and state capture.

 

REASONS FOR NEHAWU REJECTING THIS BILL

 

 

The position of the Federation

 

COSATU 14th Congress Resolutions on Eskom and energy security include the following: i) The Federation should initiate or support forming a united front across the trade union movements and its allies against unbundling and the expansion of the Renewable Energy Independent Power Producers Procurement Programme (REIPPPP). ii) We oppose the decommissioning and privatisation of coal-based power plants that have not reached the end of their life span. iii) To oppose the Economic Reconstruction and Recovery Plan (ERRP’s) “structural reforms” intended to allow for profiteering private sector in public infrastructure, including in the electricity sector, as part of the struggle for building a progressive developmental state.

 

The position of the ANC

 

The 2019 ANC Elections Manifesto which centred around the “Rebuilding of a capable and developmental state” which has regressively since been displaced by the Neoliberal austerity programme and “structural reforms” opening up public infrastructure for capitalist profiteering. The ANC’s 2021 Elections Manifesto, under the theme: Building Better Communities. Together, committed to:

  • Ensure all poor households receive the amount of free electricity allocations that they are entitled to.
  • Significantly increase the contribution of renewable energy to the country’s

energy mix through a diversification of energy sources, and a just energy transition that creates new economic opportunities for workers and communities.

 

Placing Profits before the People

 

The 1998 White Paper on Energy Policy speaks to the restructuring of Eskom to ensure it has a competitive edge. This Neoliberal rhetoric has carried through to the current 6th Administration through the unbundling process of the utility currently underway. The premise that Eskom’s generation, transmission and distribution of energy to society and the economy must be based on a principle of competitiveness is anti-developmental and contradictory to the ANC’s Manifesto, it places profits before people and, in the context of South Africa's multiple crises as a result of years of Neoliberal fiscal policy, places workers and the poor in an even more desperate and unaffordable situation.

 

The Unjust Energy Transition Investment Plan

 

NEHAWU is committed to support a just transition towards a low carbon atmosphere as one means to reduce global warming and reduce the catastrophic effects of climate change. NEHAWU rejects the Just Energy Transition Investment Plan (JET-IP) as a private sector led strategy to dismantle Eskom and exclude the public sector in general, including municipalities from the transition to a low carbon economy. COSATU’s Policy Framework on Climate Change speaks to a transition in which changes do not disadvantage the working class worldwide, that do not disadvantage developing countries, and where the industrialised countries pay for the damage their development has done to the earth’s atmosphere. A just transition provides the opportunity for deeper transformation that includes the redistribution of power and resources towards a

more just and equitable social order. What is being proposed through the ERA Bill and through the so-called JET-IP is a framework for privatisation, the premise of shutting down our large and centralized coal-fired power stations as a result of the dawn of what DMRE calls “... a new era of renewable energy technologies” has been proven to be a hollow claim, even by many stakeholders within the International Partnership Group (USA, UK, France and Germany). South Africa’s de-industrialised economy cannot be developed by relying on renewable energy alone, we have approximately three hundred years of coal reserves beneath our soil and the current impact on our communities and workers in closing coal power stations has been devastating. JET-IP is fundamentally unjust. Western countries have committed $8.5 billion (R128 billion) in funding to the JET-IP, approximately 81% of these funds are Dollar denominated loans, JET-IP will require another R1.5 trillion in the future.

 

ERA Bill and Neoliberal Strategy

 

The ERA Bill uses the premise of an assumed necessity to restructure Eskom from a centralised “monopolistic” utility to an “open electricity sector” as a means to solve load-shedding and improve energy security. The penetration of the profit-driven private capital into these public spaces would, for example, be facilitated by allowing for competition against the State Owned Entities (SOEs) such as Transnet in freight transport. In electricity generation it is through the expansion of the already operating private Independent Power Producers (IPPs), with a view to create competition against Eskom. So, in order to effect these measures in electricity, despite the ongoing shortage of electricity supply, Eskom is prevented from investing in renewables as the objective is to reduce its current dominant role in supplying electricity, in favour of the incentivised and subsidised IPPs. In addition, some of the coal-fired power stations under Eskom are going to be concessional or placed in the hands of the private sector in terms of their operations. The ERA Bill is therefore part-and-parcel of the Government's Neoliberal strategy in terms of the decarbonisation transition (i.e., the replacement of coal by solar, wind and green-hydrogen) as sources of electricity generation.

 

CONCLUDING REMARKS

 

NEHAWU rejects any legislative attempts at the privatisation of Eskom under the guise of restructuring and reform. The purpose and objectives of the ERA Bill fall short of South Africa’s developmental goals, undermine Constitutional provisions and place profit-driven motives as a primary principle in terms of the generation, transmission, and distribution of energy. Lastly, the new era of renewable energy technologies must not be used as a Neoliberal strategy, influenced by the International Partnership Group, to maintain the systemic colonial extractive and de-industrialised character of our economy. It is for these reasons that NEHAWU rejects the ERA Bill.

 

  1.  

Tiny Mtanga

Ward 59 NMMM

Yes

Solar panels: Government must investigate how much electricity is produced, eg, if 25 kilowatt is produced per day, 5kWh  should be given to the owner for use, 10 kw for maintenance and services, then the owner can sell 10kw to Eskom or municipality.

 

Solar panels and the rich:

 

  • Buy electricity boxes from the municipality or Eskom
  • Buy back electricity from Eskom, regulate electricity supply to households ,e.g. 40% for the household and 60% purchase from Eskom.

I support the bill as it is designed to reduce loadshedding.

  1.  

Sabelo Mabuda

ANC CLLR / ANC

Yes

The speaker supports the Bill.

 

 

6.3 KwaZulu Natal Province

 

 

 

Day 1: KwaZulu Natal, Newcastle Local Municipality, Show Hall, Newcastle, 21 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Godan Angappan

Former South African Communist Party (SACP) and African National Congress (ANC) activist

No

Speaker mentions that in 2010, while working with Eskom and NERSA, they had disagreements of their own because they had illegal dealings. It is upon this basis that he does not agree with this Bill because he believe it will necessitate more corruption and money laundering. What is concerning though, is the absence of the Mayor of Newcastle because it would have been prudent to have him welcome the Parliamentary delegation and listen to people’s views, especially because we are focusing on the subject matter relating to mineral resources as our area is well endowed with minerals.

  1.  

Lucky Malinga Shabalala

Sisonke Environmental Justice Network

Yes

Speaker supports the Bill but note concerns. The municipality is unable to provide electricity for our communities. Those who stay in farm areas have no access to electricity. The just energy transition concept must be done away with. We would rather prefer the mixed energy concept because we have enough coal to power the country as we have also heard via the mainstream media that South Africa is exporting electricity to other countries. We also plead with the government to kindly assist, fix and capacitate municipalities so that proper governance can be realised, which in turn will lead to service delivery. Parliament should come up with a regulation that enforces electricity access to communities through municipalities. Ward Councillors are not assisting the community, so they are as good as non-existent. The National Energy Regulator of South Africa (NERSA) should be firm in terms of regulation especially for the indigent members of society and poor communities. Development is being blocked by private fam owners.

  1.  

Simangele Cebekhulu

Kanana Community Member

N/A

Speaker mentions that they do not have electricity because of criminal activities. Vagrants chop electric poles down so that hey can access and steal cables for resale. There were also electric transformers that were damaged, which Eskom refused to repair to date. Some residents misbehave by refusing to pay for their rates and electricity, but this should not be used as a punitive measure towards law abiding citizens. We would also like to request that the price of electricity can be decreased, so that government can assist by regulating electricity prices.

  1.  

Paul Mncwango

Emadadeni Community Member

Yes

We request the government to regulate powers of private farm owners, as farm communities are currently being victimised by farm owners. Pricing should not be the same for farm owners and farming communities, hence we propose that this should be amended. We also do not own the land that we are currently dwelling in, so we request the government to relax land ownership regulations so that we can have access to own land. I would like this Bill to be expedited to ensure that it is quickly enacted.

  1.  

Sipho Hlongwane

NEHAWU

No

Will the unbundling of Eskom not exacerbate the unemployment rate that is already beyond reproach? Where will I get the resources to generate own electricity? Big corporates will be borne out of the unbundling process as Eskom will be out of that process, be privatised. I am thus not supporting this Bill.

  1.  

Themba Ndlovu

ANC

Yes

I am grateful for the opportunity to voice my choice as to whether I support or reject this Bill. We do not have electricity in my area, and this is due to the faulty transformer that Eskom has not yet come through to repair. I have medication that must be kept chilled as per requirement, but I am unable to do that because there is no electricity. I am also unable to prepare food for myself as there is no electricity. The transformer was initially meant for a few establishments in our area but there has since been no plan to capacitate it or upgrade it to serve the vast number of people residing in the community. Our Councillors are people who have been imposed on us, we do not have a democratic right in our area to elect and nominate own councillors based on our own choice.

  1.  

Henry Montgomery

South African Civics Organisation (SANCO)

Yes

I am here representing the elderly people form my area. It was reported by an elder that there are people who have been illegally utilised for gender-based violence. What transpired was that an elderly person in the community reported people for alleged illegal connections. She has since been victimised, lives in fear and is even scared to open a criminal case against them because she fears for her life. Mr Akoo (Indian) is allegedly illegally connecting electricity in the Paradise Doryble Flats in Newcastle because he has a lot of houses that he owns in the same complex. This is putting the entire community at a disadvantage. The municipality has been advised and numerous requests have been made for a meeting to no avail.

 

Contact details: Ms Thandi Mkhize, cell: 063 484 9290

                          Mr Henry Montgomery, cell: 0788245162 (SANCO Rep)

  1.  

Prince Mabaso

ANC, YCL

No

Speaker asks where NERSA was in 2018 and 2019 and what intervention they made with the problem of electricity. Speaker is opposed to the unbundling of Eskom. Ask how the youth will be incorporated into this Bill or the unbundling. With the clean energy, such as wind, if we transition, people in the coal industry will lose jobs.

  1.  

Bheki Ngwenya

ANC

No

In in his area, Kanana he feels like they are neglected. There is a place that was built before Kanana, the place is by the road, the area was demolished and rebuilt, ours still not built. And the new area has access to electricity, while Kanana still has no electricity.

  1.  

Themba

 

N/A

I do not have electricity where I stay. I cannot work anymore because I am 55 years of age. I just need employment.

  1.  

Kevin Phuthuma

Thorish Themane Foundation

N/A

Looking at most of these amendments, they mostly focus on business, there is nothing mentioned about the indigent, the downtrodden and the poorest in communities. The Chairperson mentioned illegal electricity connectors (Izinyoka) and we feel that these are people who are providing their families with the proceeds of illegal connections and cable theft. Government should think about the disadvantaged groups when making regulations.

  1.  

Ntsikelelo Ndlovu

Newcastle Local Municipality: Office of the Mayor

N/A

The audience in attendance is not a broad view of the people of Newcastle because others were denied an opportunity by challenges in coordination with Parliamentary Officials. There was an agreement regarding the number of buses that were to ferry 200 community members to the public hearing, but this was not properly coordinated and as such, fewer buses were availed by Parliament to the municipality. The Mayor is currently in an EXCO meeting to try and resolve challenges in the municipality, which is the main reason why he could not attend the session.

  1.  

Kholeka Ndonga

ANC, SANCO

Yes

We appreciate this Bill because it is a step towards ending loadshedding. We want Parliament to enforce punitive measures and sanction on criminal activities such as illegal distribution of electricity by Eskom contractors and illegal connections in communities. We request that new human settlements should be electrified.

  1.  

Jabulani Mbatha

ANC

Yes

In Newcastle, we have a coal plant that was closed down even though it has a lot of coal to produce so we need government to assist reopen the coal plant so that more employment can be created while more communities are being powered up.

  1.  

Bhekinkosi Jele

Ward 24

Yes

We support the Bill. I would appreciate more clarity on the provision of mixed energy. The new system of electricity boxes is not a dignified one for communities. This strips off the dignity of disadvantaged communities. My understanding of a competitive market would also be to dignify communities.

  1.  

Menzi Buthelezi

Normandin Ward 21

No

I reject the proposed Bill because of the sky rocketing electricity prices for minimal units. Which legislation gives right to community members to generate their own electricity while not owning land?

  1.  

Busiswa Mthembu

Ward 31

No

Speaker mentions that on 10 July 2023, a transformer burnt down, on the 11th of the same month, Eskom came through to disconnect electricity without any explanation and they only came back in September 2023. They came to disconnect and cut electricity cords and that has been the situation since then. We approached them as a community and we were advised to each pay R6 052.00, which we could not afford. The elderly are also suffering because the medication they use require refrigeration. We humbly request Parliament to assist us with this challenge so that we can at least spend December holidays having electricity.

  1.  

Jabulile Zulu

ANC, SANCO, Ward 25

N/A

From 2020, we have not had any electricity in our area. We would like the province to assist us with electrification.

  1.  

Fandozi Ncala

Ward 24

Yes

I support the Bill Because:

  • It seeks to remove the red tape for black people to participate in the mainstream economy.
  • It seeks to end loadshedding when it indicates that anyone can generate their own electricity and sell the remainder to Eskom.

 

Eskom must give our communities amnesty when they are caught on the wrong side of the law. Due to the high rate of unemployment, we would like to appeal for the regulation of electricity price. Pricing should be based on the rate of usage per sector.

  1.  

Vuyisani Gwebani

EFE, Ward 21

No

The lack of electricity problem in Ward 21 is because of the farm owners, not because of the community members so we urge Parliament to intervene in the challenges faced by the Normandien community. We are dissatisfied with the fact that the Bill was only circulated this morning when we got to the venue, which does not put us at a vantage point to make meaningful comments on it. The Bill is silent regarding the nationalisation of mines because that is where most electricity could be generated from. I reject this Bill because it has nothing to do with black people and is inconsiderate of poor communities.

  1.  

Vusumuzi Hlatshwayo

EFF

No

I reject the proposed Bill because it is silent on opportunities for young people to participate in the mainstream economy. Poor communities are always disadvantaged because of lack of infrastructure. There should be schools in rural communities, where the youth would be empowered with technical skills for electricity generation. The National Youth Development Agency (NYDA) that is sked with developing young people, is not living up to its mandate so the funding channelled to that organisation could be repurposed for the development of technical and vocational schools in poor communities.

  1.  

Vangile Molefe

Former Ward Councillor (Ward 21), current PR Councillor

No

In 2020, the municipality wanted to electrify rural communities like Normandien but could not do so because of white farm owners. I once took the former Premier of KZN (Mr Zikalala) to the area but the delegation that he led failed to reason with the white farm owners. Farm owners are blocking development. We request all power stations that were closed to be re-opened so that we can get access to electricity. Let Eskom provide electricity to Newcastle because the municipality has long settled the debt owed to Eskom. It is only then; will I personally support the Bill.

  1.  

Khululekani Zikalala

 

Yes

I support the Bill because it will assist Eskom. Government must regulate the electricity pricing by Eskom. I urge Parliament to come return to us and address challenges faced in farms.

  1.  

Siphamandla Khumalo

 

No

I reject the proposed amendment Bill because its proposals are worsening the situation of black people. It is only the white corporates who have the capacity to generate their own electricity. Most parastatals including South African Airways (SAA), Denel and now Eskom have been and are being   privatised and no black people benefitted from the sales thereof. Even the Independent Power Producers (IPPs) that have been proposed to us, will provide expensive electricity that is far worse than what Eskom is currently charging us.

  1.  

Siyabonga Magwaza

NEHAWU

No

It is the position of NEHAWU as a worker-centred trade union to reject this Bill with the contempt it deserves. It is common knowledge that the Eskom challenges are necessitated by corruption. The coal power stations that we have are enough to generate sufficient electricity to power up the entire county. Government wants the power stations to be closed to make way for IPPs that are capitalistic in nature. Electricity challenges just simply require routine maintenance, corruption watch and consequence management.

  1.  

Lindiwe Monethi

ANC

Yes

We support the fine of 5-year imprisonment for those who steal electricity cables. Coal power stations must continue to operate so that communities could be powered. The transformer in Kanana village had burnt down, we had to each pay R50.00 but even so, Eskom disconnected all those cables without any explanation. To this day, we still do not have electricity because Eskom requires a charge of R650.00 per person for reconnection.

  1.  

Sfiso Kubeka

Emadadeni Ward 19 Section 7

Yes

Speaker says he has not had electricity since 2021 due to a broken meter box. He says Eskom says they must log a fault through calls for the matter to be resolves. Says that calling is expensive, as it takes time when on the line to be assisted, airtimes finished before one could be assisted. He is asking for help.

  1.  

Sakhizwe Hlabisa

Emadadeni Section 3 Ward 26

N/A

Mentions that there was an issue of broken transformer which Eskom came at fixed and charged R100. The transformer had issues again and Eskom said people my pay R6000 for reconnection. People in his area cannot afford R6000, he request that the amount be reduced to R3000.

 

 

 

Day 2: KwaZulu Natala, Okhahlamba Local Municipality, Khethani Community Hall, Bergville, , 22 November2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Themba Shabalala

Amaswazi Traditional Council

No

I disagree with the current state of the electricity amendment Bill instead we propose that some proposals should be considered before it is put into law. Chapter 1of the Constitution subsection 1(a) speaks of human dignity, the achievement of equality and advancement of human rights and freedoms.

 

Eskom is limping and we cannot afford to put more load into it. Loadshedding affected equality where only the haves or wealthy people used generators. Poor people remained in the dark and some got robbed when it is dark in their houses or back from their work places across the country (our freedom was affected.

 

Independent Power Producers must be allowed to compete, and we must make sure that underprivileged and qualified graduates are supported by the government to compete fairly with the with the current and experienced power producers.

 

Local municipalities must be allowed to produce their own energy and they must be supervised by the national department. Here are the solutions to the energy struggles:

  • In the metropolitan cities which are near the seas must consider in investing in turbines taking advantage of the wind in the sea. Countries in Europe are using this energy e.g UK
  • We must invest in waste as a source of energy.
  • We must also invest in solar energy with so much sun in South Africa

 

Chapter 2 of the Bill Rights, Section 25 subsection (2(a)(b) states that “property maybe exploited only in terms of law of generation application: (a) for a public purpose or in the public interest; and (b) subject to compensation, the amount of which and time and manner of payment of which have either been agreed to by those affected or decided or approved by a court”. This section of the law in our constitution must be applied when these power stations are built in land owners/properties of which are Amakhosi who lost their properties during colonial laws, apartheid and current government. As Amakhosi in this area we can attest to this statement.

 

Lastly, the mighty Springboks has taught us a good lesson that South Africans are stronger when they are working together irrespective of their skin colour. Let’s build our economy with same energy the Springboks displayed in France and when also they paraded the Webb Ellis Trophy. 

  1.  

Sifiso Mathaza

 

Yes

I support the Bill and would request municipalities to electrify farm communities as they are currently living in the dark. Private Farm owners must be coerced to allow electrification of farm communities.

  1.  

Nombali Mchunu

ANC

Yes

I support this Bill because the proposed amendments provide the necessary elements to incentivise competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply.

 

The proposed amendments, influenced by the Department of Public Enterprises “Roadmap for Eskom in a Reformed Electricity Supply Industry” entails changes to clause 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by the independent generators direct to customers and to change the current required for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised.

 

The proposed amendments further assign, duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis.

 

The ERA Bill is necessitated by the fact that the total generation capacity on offer through successive biding rounds int the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Anand Rajkogmar

 

No

I do not support the unbundling of Eskom because the problem is not necessarily with electricity generation, it is mainly about governance. Another challenge that needs to be looked at is the theft of infrastructure, which government needs to urgently attend to.

  1.  

Ndumiso Myeni

NEHAWU

No

NEHAWU rejects this Bill, its contents are merely the legislative rubber-stamping of the current dismantling and privatisation of Eskom underway. The notes below provide Leadership with ammunition to reject this Bill based on the ludicrous claims made by the Neoliberal State.

 

The Roadmap for Eskom in a Reformed Electricity Supply Industry, 2019 document is an important point of context for Comrades to appreciate. This document draws reference to the 1998 White Paper on Energy Policy, which commits the State to “restructuring” the Eskom to ensure “competitiveness”. This was the initial 1996 Class Project’s attempt at Neoliberal legislative reform, through the privatisation of the utility in the guise of restructuring.

 

The rationale behind the unblinding of Eskom into three subsidiary businesses

(generation, transmission and distribution) is attributed to the changing energy needs of the country, the roadmap also claims that the current configuration of Eskom is no longer suitable to meet the country’s energy needs and has made it susceptible to corruption and state capture.

 

REASONS FOR NEHAWU REJECTING THIS BILL

 

 

The position of the Federation

 

COSATU 14th Congress Resolutions on Eskom and energy security include the following: i) The Federation should initiate or support forming a united front across the trade union movements and its allies against unbundling and the expansion of the Renewable Energy Independent Power Producers Procurement Programme (REIPPPP). ii) We oppose the decommissioning and privatisation of coal-based power plants that have not reached the end of their life span. iii) To oppose the Economic Reconstruction and Recovery Plan (ERRP’s) “structural reforms” intended to allow for profiteering private sector in public infrastructure, including in the electricity sector, as part of the struggle for building a progressive developmental state.

 

The position of the ANC

 

The 2019 ANC Elections Manifesto which centred around the “Rebuilding of a capable and developmental state” which has regressively since been displaced by the Neoliberal austerity programme and “structural reforms” opening up public infrastructure for capitalist profiteering. The ANC’s 2021 Elections Manifesto, under the theme: Building Better Communities. Together, committed to:

  • Ensure all poor households receive the amount of free electricity allocations that they are entitled to.
  • Significantly increase the contribution of renewable energy to the country’s

energy mix through a diversification of energy sources, and a just energy transition that creates new economic opportunities for workers and communities.

 

Placing Profits before the People

 

The 1998 White Paper on Energy Policy speaks to the restructuring of Eskom to ensure it has a competitive edge. This Neoliberal rhetoric has carried through to the current 6th Administration through the unbundling process of the utility currently underway. The premise that Eskom’s generation, transmission and distribution of energy to society and the economy must be based on a principle of competitiveness is anti-developmental and contradictory to the ANC’s Manifesto, it places profits before people and, in the context of South Africa's multiple crises as a result of years of Neoliberal fiscal policy, places workers and the poor in an even more desperate and unaffordable situation.

 

The Unjust Energy Transition Investment Plan

 

NEHAWU is committed to support a just transition towards a low carbon atmosphere as one means to reduce global warming and reduce the catastrophic effects of climate change. NEHAWU rejects the Just Energy Transition Investment Plan (JET-IP) as a private sector led strategy to dismantle Eskom and exclude the public sector in general, including municipalities from the transition to a low carbon economy. COSATU’s Policy Framework on Climate Change speaks to a transition in which changes do not disadvantage the working class worldwide, that do not disadvantage developing countries, and where the industrialised countries pay for the damage their development has done to the earth’s atmosphere. A just transition provides the opportunity for deeper transformation that includes the redistribution of power and resources towards a

more just and equitable social order. What is being proposed through the ERA Bill and through the so-called JET-IP is a framework for privatisation, the premise of shutting down our large and centralized coal-fired power stations as a result of the dawn of what DMRE calls “... a new era of renewable energy technologies” has been proven to be a hollow claim, even by many stakeholders within the International Partnership Group (USA, UK, France and Germany). South Africa’s de-industrialised economy cannot be developed by relying on renewable energy alone, we have approximately three hundred years of coal reserves beneath our soil and the current impact on our communities and workers in closing coal power stations has been devastating. JET-IP is fundamentally unjust. Western countries have committed $8.5 billion (R128 billion) in funding to the JET-IP, approximately 81% of these funds are Dollar denominated loans, JET-IP will require another R1.5 trillion in the future.

 

ERA Bill and Neoliberal Strategy

 

The ERA Bill uses the premise of an assumed necessity to restructure Eskom from a centralised “monopolistic” utility to an “open electricity sector” as a means to solve load-shedding and improve energy security. The penetration of the profit-driven private capital into these public spaces would, for example, be facilitated by allowing for competition against the State Owned Entities (SOEs) such as Transnet in freight transport. In electricity generation it is through the expansion of the already operating private Independent Power Producers (IPPs), with a view to create competition against Eskom. So, in order to effect these measures in electricity, despite the ongoing shortage of electricity supply, Eskom is prevented from investing in renewables as the objective is to reduce its current dominant role in supplying electricity, in favour of the incentivised and subsidised IPPs. In addition, some of the coal-fired power stations under Eskom are going to be concessioned or placed in the hands of the private sector in terms of their operations. The ERA Bill is therefore part-and-parcel of the Government's Neoliberal strategy in terms of the decarbonisation transition (i.e., the replacement of coal by solar, wind and green-hydrogen) as sources of electricity generation.

 

CONCLUDING REMARKS

 

NEHAWU rejects any legislative attempts at the privatisation of Eskom under the guise of restructuring and reform. The purpose and objectives of the ERA Bill fall short of South Africa’s developmental goals, undermine Constitutional provisions and place profit-driven motives as a primary principle in terms of the generation, transmission, and distribution of energy. Lastly, the new era of renewable energy technologies must not be used as a Neoliberal strategy, influenced by the International Partnership Group, to maintain the systemic colonial extractive and de-industrialised character of our economy. It is for these reasons that NEHAWU rejects the ERA Bill.

  1.  

Zwelisha Mncube

ESCCA

No

I reject this Bill. How much will the IPPs profit from electricity generation? The Bill is not clear on licensing for IPPs. We are uncertain as to whether the Bill will have an impact on the electricity pricing.

  1.  

Peter Khumalo

EFF

No

We want to make it clear that, as the people on the ground who are suffering from load shedding every day, we reject with contempt the Bill, and we do so for the following reasons:

 

Our understanding is that this bill is talking about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says the money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayers' money, yet they only come in the last minutes to begin to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established serve to separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Bill, which should be called the Electricity Privatisation Bill, because the bill is only addressing the issue of privatisation of generation of electricity, but it is silent on the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark, sometimes even when there is no electricity blackout, because we cannot afford electricity. Even when the proposed amendment of Section 15 (2) says that the Act will not allow for all these private entities who will not get a license will not charge more than approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices, those who are selling electricity simply pass down cost as administrative to end user, and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality, or Vendor.

 

The Bill has failed to appreciate the basis of South Africa’s energy crisis. The primary reason we have electricity blackouts is a simple fact that we did not build new generation on time, and when we started, the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for IPPs to find expression even when they add no material value to the grip of the South African economy. We, therefore, stand here to reject the proposed Electricity Regulation Bill and all its misguided established entities.

  1.  

Sifiso Khumalo

Mazizini

No

I reject the Bill because it has no consideration for poor communities. I also do not support the unbundling of Eskom because there will be no sense of responsibility when things are not going well. We have enough coal to power the nation so there is no need for IPPs because the electricity price will be more costly. The Committee should go back to the drawing board to establish whether this Bill serves the interest of South Africans.

  1.  

VR Mlotshwa

APEMO

Yes

We agree with the unbundling of Eskom because, as it stands, the entity has failed to provide enough electricity for communities. Communities take this as a failure of Councillors to perform their duties. We only support the Bill on condition that those who reside in farms that are privately owned must be granted an opportunity to have access to electricity whether the farm owner like it or not.

  1.  

Thami Mazibuko

ANC

Yes

I support the Bill because it seems as though the proposals will assist the community of uThukela and resolve electricity related challenges experienced in the area. Areas that are powered by the municipality constantly have electricity even through loadshedding compared to the Eskom supplied areas. We support the unbundling of Eskom because we will at least have other entities to approach for assistance regarding electricity issues as Eskom is basically dysfunctional at the moment.

  1.  

Thulani Sibeko

EFF

No

We reject the Bill with the contempt it deserves because it is silent when it comes to what poor and disadvantaged communities will benefit from it. The indigents are already finding it difficult to afford the price of electricity. The unbundling of Eskom is also not a solution, as it will only exacerbate the increase in the price of electricity. We expect the Bill to highlight means to curb corruption at Eskom so that the entity can be salvaged instead of being dissolved. The only way forward is to check how do we increase energy generation and how do we curb corruption at Eskom. This Bill is about privatisation, which is why we reject it.

  1.  

Lindelani Mathebula

 

Yes

I support the Bill. People must be granted ample time to process the information contained in the Bill so that they can make meaningful contributions to it.

  1.  

Sibongiseni Chamane

Ward 10

Yes

I support the Bill. If this Bill is enacted as a law of the land, are we still going to see familiar faces being given opportunities for electricity generation or will opportunities be shared equally? There should be clear criteria that will be followed for participation in energy generation so that the youth can also participate. Is there any panel tasked to look into energy supply and load reduction after loadshedding? We trust that young people over the age of 35 will also be given employment opportunities.

  1.  

Nontle Tshabalala

Deputy Mayor: Thukela Municipality

Yes

I support this Bill because the proposed amendments provide the necessary elements to incentivise competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply.

 

The proposed amendments, influenced by the Department of Public Enterprises “Roadmap for Eskom in a Reformed Electricity Supply Industry” entails changes to clause 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by the independent generators direct to customers and to change the current required for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised.

 

The proposed amendments further assign, duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis.

 

The ERA Bill is necessitated by the fact that the total generation capacity on offer through successive biding rounds int the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Nkosingiphile Mlangeni

Inkosi langalibalele ward 2 Loskop Emangweni

No

We want to make it clear that, as the people on the ground who are suffering from load shedding every day, we reject with contempt the Bill, and we do so for the following reasons:

 

Our understanding is that this bill is talking about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says the money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayers' money, yet they only come in the last minutes to begin to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established serve to separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Bill, which should be called the Electricity Privatisation Bill, because the bill is only addressing the issue of privatisation of generation of electricity, but it is silent on the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark, sometimes even when there is no electricity blackout, because we cannot afford electricity. Even when the proposed amendment of Section 15 (2) says that the Act will not allow for all these private entities who will not get a license will not charge more than approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices, those who are selling electricity simply pass down cost as administrative to end user, and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality, or Vendor.

 

The Bill has failed to appreciate the basis of South Africa’s energy crisis. The primary reason we have electricity blackouts is a simple fact that we did not build new generation on time, and when we started, the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for IPPs to find expression even when they add no material value to the grip of the South African economy. We, therefore, stand here to reject the proposed Electricity Regulation Bill and all its misguided established entities.

  1.  

Sonto Busisiwe Molefe

ANC

Yes

I support this Bill because the proposed amendments provide the necessary elements to incentivise competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply.

 

The proposed amendments, influenced by the Department of Public Enterprises “Roadmap for Eskom in a Reformed Electricity Supply Industry” entails changes to clause 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by the independent generators direct to customers and to change the current required for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised.

 

The proposed amendments further assign, duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis.

 

The ERA Bill is necessitated by the fact that the total generation capacity on offer through successive biding rounds int the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Maneli

ANC

Yes

See ANC submission above

  1.  

Joy Strydom

ANC

Yes

See ANC submission above

  1.  

Nombali Mchunu

ANC

Yes

See ANC submission above

  1.  

Samukelisiwe Khumalo

ANC

Yes

See ANC submission above

  1.  

Sfiso Mazibuko

ANC

Yes

See ANC submission above

  1.  

Philani Mazibuko

ANC

Yes

See ANC submission above

  1.  

Sicelo S Ndlovu

ANC

Yes

See ANC submission above

  1.  

Ntombifuthi Ndlela

ANC

Yes

See ANC submission above

  1.  

Velaphi

ANC

Yes

See ANC submission above

  1.  

Happy Mabaso

AN

Yes

See ANC submission above

  1.  

Sphesihle Maduna

ANC

Yes

See ANC submission above

  1.  

Ntombizodwa

AN

Yes

See ANC submission above

  1.  

Zelda P Shiphalane

ANC

Yes

See ANC submission above

  1.  

Sphesihle Malaba

ANC

Yes

See ANC submission above

  1.  

Andiswa Malembe

ANC

Yes

See ANC submission above

  1.  

Mbuyiseni Buthelezi

ANC

Yes

See ANC submission above

  1.  

Noluthula E Mabaso

ANC

Yes

See ANC submission above

  1.  

Maluleke Mdladla

ANC

Yes

See ANC submission above

  1.  

Abahle Radebe

ANC

Yes

See ANC submission above

  1.  

Sindisiwe Nene

ANC

Yes

See ANC submission above

  1.  

Bongani Shezi

ANC

Yes

See ANC submission above

  1.  

Nozipho Mtethwa

ANC

Yes

See ANC submission above

  1.  

Londathina Hlomuka

ANC

Yes

See ANC submission above

  1.  

Nokuthula Zwane

ANC

Yes

See ANC submission above

  1.  

Thandeka Mazibuko

ANC

Yes

See ANC submission above

  1.  

Sbongiseni Chamane

ANC

Yes

See ANC submission above

  1.  

Mziwandile Khumalo

ANC

Yes

See ANC submission above

  1.  

Nothile Tshabalala

ANC

Yes

See ANC submission above

  1.  

Mangekho Zikode

ANC

Yes

See ANC submission above

  1.  

Zamaswazi P Hlatywayo

ANC

Yes

See ANC submission above

  1.  

Nelisiwe Prudence

ANC

Yes

See ANC submission above

  1.  

Thabile Thwala

ANC

Yes

See ANC submission above

  1.  

Nondumiso Hlatshwayo

ANC

Yes

See ANC submission above

  1.  

Sibusiso Maduna

ANC

Yes

See ANC submission above

  1.  

Bongekile Cebekhulu

ANC

Yes

See ANC submission above

  1.  

Kwanele Madondo

ANC

Yes

See ANC submission above

  1.  

Njabulo Siphesihle

ANC

Yes

See ANC submission above

  1.  

Mkhathini Nomthandazo

ANC

Yes

See ANC submission above

  1.  

Mandla Khubheka

ANC

Yes

See ANC submission above

  1.  

Zinhle Nonhlanhla

ANC

Yes

See ANC submission above

  1.  

Gcwalisile Hlatshwayo

ANC

Yes

See ANC submission above

  1.  

Nomusa Kheswa

ANC

Yes

See ANC submission above

  1.  

Nkosingiphile Ndaba

ANC

Yes

See ANC submission above

  1.  

Londiwe Manqele

ANC

Yes

See ANC submission above

  1.  

Pretty Simelane

ANC

Yes

See ANC submission above

  1.  

Sibongile Khubheka

ANC

Yes

See ANC submission above

  1.  

Thabani Wilson Magagula

ANC

Yes

See ANC submission above

 

 

 

Day 3: KwaDukuza Local Municipality, KwaDukuza Town Hall, 23 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Ken Lever

Institute of Architects of South Africa (KZN)

Yes

I am a registered Professional Architect (SACAP 21515), member of the SAIA-KZN Institute of Architects and a member of the Dolphin Coast Residents and Ratepayers Association DOCRRA

 

Firstly - I fully support the principle and intent of the Amendments to the Act in allowing and encouraging the participation of the Private Sector in the Generation, Transmission and Distribution of Electric Power....and is seriously overdue.

 

To avoid ambiguity and any confusion, I strongly recommend that the proposed National Transmission Company South Africa SOC Ltd be amended to the National Generation, Transmission and Distribution Company South Africa SOC Ltd  (NGTDC-SA)...all three functions are envisaged in the draft Bill.

 

I am seriously concerned that there is no clarity in the Bill regarding methods of Generation, using what type of fuel and producing what level of Emissions/Pollution. In the interests of our people, of Southern Africa and the Region, and of the Southern Hemisphere, the use of finite and non-renewable resources such as coal , natural and manufactured gas, cannot be considered or licenced...UNLESS the sequestration and permanent containment of CO2, Methane and other harmful pollutants such as Ozone can be proven and guaranteed. Here I am concerned as a resident of KZN at the increased and continuing granting of prospecting licences for Coal in southern Mpumalanga and northern KZN. This will lead to increasing pressure on Government to permit the continuing and increased use of Coal and/or Gas without costly sequestration.

    

The encouragement of the generation of electricity by the private sector must emphasise the harnessing of renewables - Sun, Wind, Wave power, and Biomass among others. If short-cuts or interim measures are necessary or even essential as I suspect then strict, legislated measures and limits must be included in the Bill and Act.

 

The level of registration of small-scale power generation also needs to be defined. Do I have to register my photo-voltaics and 2 diesel generators at my home and independently my panels and generator at my office. Will registration be by Individual or by Place?

 

Why is it necessary in your Memorandum document para 3.2 to omit "South Africa" and add "Republic" ?? this hints at some sinister hidden agenda...like changing the name of the country!  What's wrong with RSA??

 

Clause 7 - Subcontracting - subcontracting has proved to be a seriously thorny and highly contentious issue in our country over the past 20+ years - particularly with the likes of Eskom. Subcontracting must be clearly defined and limited or permits can be legally transferred, including accountability. If a permit holder cannot perform the licence/permit must be withdrawn. Accountability and delivery must be key. No uncontrolled subcontracting should be permitted, and certainly Insurance Bonds must be a basic requirement. Look carefully at the Building and Engineering Contract documents (JBCC, FIDIC etc) for guidance.

 

Finally, thank you for the presentation (even though it started 1-hour 35mins after the KDM invitation advised) and the opportunity to address the Parliamentary Panel. My only regrets are that so few professionals, business people or developers attended.

  1.  

Nkosi Mbonambi

EFF

No

We want to make it clear that, as the people on the ground who are suffering from load shedding every day, we reject with contempt the Bill, and we do so for the following reasons:

 

Our understanding is that this Bill is talking about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says the money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayers' money, yet they only come in the last minutes to begin to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established serve to separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Bill, which should be called the Electricity Privatisation Bill, because the bill is only addressing the issue of privatisation of generation of electricity, but it is silent on the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark, sometimes even when there is no electricity blackout, because we cannot afford electricity. Even when the proposed amendment of Section 15 (2) says that the Act will not allow for all these private entities who will not get a license will not charge more than approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices, those who are selling electricity simply pass down cost as administrative to end user, and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality, or Vendor.

 

The Bill has failed to appreciate the basis of South Africa’s energy crisis. The primary reason we have electricity blackouts is a simple fact that we did not build new generation on time, and when we started, the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for IPPs to find expression even when they add no material value to the grip of the South African economy.

 

 

We, therefore, stand here to reject the proposed Electricity Regulation Bill and all its misguided established entities.

  1.  

Sipho Masango

Mandini Municipality

Yes

This Bill is unclear on price fixing by colluding cartels. The Bill is silent on whether it will be local or international companies that will be granted licences for independent power production. If contracts are awarded to multinational companies, the Bill should clarify as to how the transfer of skills will be mandated and how local contractors will be given opportunities to participate in energy production. Communities also need to benefit out of generation capacity increase based on independent power production.

  1.  

Malusi Gazu

Mandini Municipality

Yes

I partially support the Bill. The Bill is silent on people with disabilities, previously disadvantaged and poor rural communities.

  1.  

Michelle Brook

Zinkwazi Beach Residents Ratepayers Association

Ward 3 Committee Member

 

Yes

Opening up the supply of power generation to private enterprise and companies is long overdue. The current supplier has allowed their power generation units to fall into total disrepair, as a result of lack of maintenance and expertise. Thus, they are unable to cope with the current and growing demand for electricity. What process will be followed with regards to evaluating, adjudicating, and registering new suppliers? This I ask in particular with regards to nepotism, collusion and competitive pricing. Will the portfolio committee set any preconditions with regards to ownership and operations? How will the general public who are self-generating power for self-use, feed the excess power back into the grid?  Will it be financially viable and beneficial for them? Or will the cost be prohibitive, that the average person will not benefit. As with all new positive proposals, due diligence is critical in the development and implementation stages, and to ensure that due process is followed, and that the correct level of technical, managerial and financial skills are appointed. The current breakdown of Eskom and the inability to supply reliable power is having a detrimental effect on the economy and lives of the people. A workable solution is long overdue!

  1.  

A Sindi Makhoba

Kwadukuza Local Municipality

Yes

I support the proposed Bill because at Ward 3 there are 8 Voter Districts (VDs), one of which does not have electricity. I hope that through this Bill, more households will be electrified after the unbundling of Eskom. It would be appreciated if the Chief Justice and Public Protector would ensure that the multinational companies include local companies in the power production process.

  1.  

Ashe Sukden

Mandeni Ward 17

Yes

I would propose a fine of R10 million for the vandalization of electricity infrastructure, including cable theft. There is already a market for copper cables so that is why criminals steal cables, while destroying the infrastructure so government needs to look into it, such as ban the sale of copper to scrapyards.

  1.  

Sikanyenaye Mbambo

Ndwedwe community member

Yes

I support the proposed Bill. Determination of electricity price by IPPs should not be left to them but should rather be regulated by the government so that poor communities can be able to afford electricity. This should also avoid price fixing by cartels.

  1.  

Zinhle Gcabashe

Maphumulo community member

Yes

The Bill will allow us to have a choice regarding where we want to buy electricity. As per proposed clauses, it seems the price of electricity will also decrease. The implementation of the proposed Bill will provide employment opportunities, increase investment appetite and alleviate poverty. How is government going to ensure that the quality of electricity produced by IPPs is of standard? Will there be proper inspections done to ensure the safety of workers that will be employed in projects?

  1.  

Ayanda Blessing Madodandile Zulu

NEHAWU

No

NEHAWU rejects this Bill, its contents are merely the legislative rubber-stamping of the current dismantling and privatisation of Eskom underway. The notes below provide Leadership with ammunition to reject this Bill based on the ludicrous claims made by the Neoliberal State.

 

The Roadmap for Eskom in a Reformed Electricity Supply Industry, 2019 document is an important point of context for Comrades to appreciate. This document draws reference to the 1998 White Paper on Energy Policy, which commits the State to “restructuring” the Eskom to ensure “competitiveness”. This was the initial 1996 Class Project’s attempt at Neoliberal legislative reform, through the privatisation of the utility in the guise of restructuring.

 

The rationale behind the unblinding of Eskom into three subsidiary businesses

(generation, transmission and distribution) is attributed to the changing energy needs of the country, the roadmap also claims that the current configuration of Eskom is no longer suitable to meet the country’s energy needs and has made it susceptible to corruption and state capture.

 

REASONS FOR NEHAWU REJECTING THIS BILL

 

 

The position of the Federation

 

COSATU 14th Congress Resolutions on Eskom and energy security include the following: i) The Federation should initiate or support forming a united front across the trade union movements and its allies against unbundling and the expansion of the Renewable Energy Independent Power Producers Procurement Programme (REIPPPP). ii) We oppose the decommissioning and privatisation of coal-based power plants that have not reached the end of their life span. iii) To oppose the Economic Reconstruction and Recovery Plan (ERRP’s) “structural reforms” intended to allow for profiteering private sector in public infrastructure, including in the electricity sector, as part of the struggle for building a progressive developmental state.

 

The position of the ANC

 

The 2019 ANC Elections Manifesto which centred around the “Rebuilding of a capable and developmental state” which has regressively since been displaced by the Neoliberal austerity programme and “structural reforms” opening up public infrastructure for capitalist profiteering. The ANC’s 2021 Elections Manifesto, under the theme: Building Better Communities. Together, committed to:

  • Ensure all poor households receive the amount of free electricity allocations that they are entitled to.
  • Significantly increase the contribution of renewable energy to the country’s

energy mix through a diversification of energy sources, and a just energy transition that creates new economic opportunities for workers and communities.

 

Placing Profits before the People

 

The 1998 White Paper on Energy Policy speaks to the restructuring of Eskom to ensure it has a competitive edge. This Neoliberal rhetoric has carried through to the current 6th Administration through the unbundling process of the utility currently underway. The premise that Eskom’s generation, transmission and distribution of energy to society and the economy must be based on a principle of competitiveness is anti-developmental and contradictory to the ANC’s Manifesto, it places profits before people and, in the context of South Africa's multiple crises as a result of years of Neoliberal fiscal policy, places workers and the poor in an even more desperate and unaffordable situation.

 

The Unjust Energy Transition Investment Plan

 

NEHAWU is committed to support a just transition towards a low carbon atmosphere as one means to reduce global warming and reduce the catastrophic effects of climate change. NEHAWU rejects the Just Energy Transition Investment Plan (JET-IP) as a private sector led strategy to dismantle Eskom and exclude the public sector in general, including municipalities from the transition to a low carbon economy. COSATU’s Policy Framework on Climate Change speaks to a transition in which changes do not disadvantage the working class worldwide, that do not disadvantage developing countries, and where the industrialised countries pay for the damage their development has done to the earth’s atmosphere. A just transition provides the opportunity for deeper transformation that includes the redistribution of power and resources towards a

more just and equitable social order. What is being proposed through the ERA Bill and through the so-called JET-IP is a framework for privatisation, the premise of shutting down our large and centralized coal-fired power stations as a result of the dawn of what DMRE calls “... a new era of renewable energy technologies” has been proven to be a hollow claim, even by many stakeholders within the International Partnership Group (USA, UK, France and Germany). South Africa’s de-industrialised economy cannot be developed by relying on renewable energy alone, we have approximately three hundred years of coal reserves beneath our soil and the current impact on our communities and workers in closing coal power stations has been devastating. JET-IP is fundamentally unjust. Western countries have committed $8.5 billion (R128 billion) in funding to the JET-IP, approximately 81% of these funds are Dollar denominated loans, JET-IP will require another R1.5 trillion in the future.

 

ERA Bill and Neoliberal Strategy

 

The ERA Bill uses the premise of an assumed necessity to restructure Eskom from a centralised “monopolistic” utility to an “open electricity sector” as a means to solve load-shedding and improve energy security. The penetration of the profit-driven private capital into these public spaces would, for example, be facilitated by allowing for competition against the State Owned Entities (SOEs) such as Transnet in freight transport. In electricity generation it is through the expansion of the already operating private Independent Power Producers (IPPs), with a view to create competition against Eskom. So, in order to effect these measures in electricity, despite the ongoing shortage of electricity supply, Eskom is prevented from investing in renewables as the objective is to reduce its current dominant role in supplying electricity, in favour of the incentivised and subsidised IPPs. In addition, some of the coal-fired power stations under Eskom are going to be concessioned or placed in the hands of the private sector in terms of their operations. The ERA Bill is therefore part-and-parcel of the Government's Neoliberal strategy in terms of the decarbonisation transition (i.e., the replacement of coal by solar, wind and green-hydrogen) as sources of electricity generation.

 

CONCLUDING REMARKS

 

NEHAWU rejects any legislative attempts at the privatisation of Eskom under the guise of restructuring and reform. The purpose and objectives of the ERA Bill fall short of South Africa’s developmental goals, undermine Constitutional provisions and place profit-driven motives as a primary principle in terms of the generation, transmission, and distribution of energy. Lastly, the new era of renewable energy technologies must not be used as a Neoliberal strategy, influenced by the International Partnership Group, to maintain the systemic colonial extractive and de-industrialised character of our economy. It is for these reasons that NEHAWU rejects the ERA Bill.

  1.  

Nkosindiphile Mbatha

 

No

The Bill will only empower the rich.

  1.  

Sibusiso Mbele

Councillor Ndwendwe

N/A

Eskom is facing so many challenges, which we think need government intervention. While we have an appreciation of this, we would like to understand how IPPs will be regulated. Will the unbundling of Eskom not take the country back to apartheid days where a few would be catered for, while disregarding the broader black communities? We appreciate that there must be sanctions but those must be reasonable.

  1.  

Mcebo Ndwandwe

Ward 21

Yes

Appreciates that the Bill is not opposing Eskom but wants to assist Eskom. New entrants may assist, bring about job opportunities as well. Mentions that in the VD he is from, electricity was cut in 2022 until today. As result people have to fetch wood. NERSA must ensure that electricity prices are not rigged, urged that NERSA carefully look into this. Transformer are stolen by big businesses, but people in the community are expected to pay for what they are not responsible for.

  1.  

Costa Perreira

KwaDukuza Local Municipality Official

Yes

Definitions:

Central Purchasing Agency (CPA): how will local municipalities collaborate with the CPA? How will this definition affect the relations between municipalities and IPPs?

 

Embedded Generator: What does this mean and how much power does it have? It would be of benefit if local municipalities were to grant licences to Embedded Generators.

 

Backup Power must be included and clearly defined in the Bill.

 

Off Grid can also be included in the Bill.

 

Trade up: Ancillary Services: clarity is required regarding whether the clause includes local municipalities.

  1.  

Londeka Msane

 

Yes

There are so many VDs that do not have transformers due to criminal activities. We plead for government assistance by liaising with Eskom to assist those communities. Sanctions: Cable and transformer theft can be eradicated through enforcement of sanctions to both the seller and buyer of illegally acquired transformers or copper cables.

  1.  

Mpunde Phiri

KwaDukuza community member

Yes

The reason why there is cable theft is because people are not employed so they resort to criminal activities that will make them generate profit for survival.

  1.  

Lindani Mnqayi

 

Yes

I support the Bill because the unbundling of Eskom will augment the mandate which Eskom was given. Therefore, IPPs will assist end loadshedding because more power will be produced. Even though we support the Bill, we must register that the price of electricity is too high. NERSA must be regulated by a higher structure because it is the very entity that is responsible for the manipulation of electricity prices.

  1.  

Sikhumbuzo Mthiyane

Ward 14

Yes

We support the Bill, and we hope it assists Eskom so that we can put an end to loadshedding. Regarding sanctions, 5 years is too minimal a time and lenient a sentence for cable theft and as such, I would propose a 10-year jail sentence. The tender system should not be implemented for IPPs but rather, government should ensure that the multinational companies should employ the youth directly.

  1.  

Sihle Gxajekwana

ANCYL

Yes

As the youth, we want to be involved in power production, but we do not have funds to operate such businesses, hence we request the government to grant loans to those interested to operate in this space. That will be an investment into the future of this country

  1.  

Themba Nkosi

Ilembe District  (Ward 7)

Yes

We hope the government will regulate electricity generation because if there are no licences required, we will open a window to foreign nationals who will illegally operate in this space. Government must ensure that whoever is generating electricity has the necessary qualifications to do so, so that there will be no lives lost in the process. The IPPs must be regulated so that they can offer affordable tariffs.

 

 

 

Day 4: KwaZulu Natal: Umzimkhulu Local Municipality, Clydesdale Community Hall, 24 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Zukisani Tshangase

EFF

No

We want to make it clear that, as the people on the ground who are suffering from load shedding every day, we reject with contempt the Bill, and we do so for the following reasons:

 

Our understanding is that this bill is talking about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says the money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayers' money, yet they only come in the last minutes to begin to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established serve to separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Bill, which should be called the Electricity Privatisation Bill, because the bill is only addressing the issue of privatisation of generation of electricity, but it is silent on the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark, sometimes even when there is no electricity blackout, because we cannot afford electricity. Even when the proposed amendment of Section 15 (2) says that the Act will not allow for all these private entities who will not get a license will not charge more than approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices, those who are selling electricity simply pass down cost as administrative to end user, and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality, or Vendor.

 

The Bill has failed to appreciate the basis of South Africa’s energy crisis. The primary reason we have electricity blackouts is a simple fact that we did not build new generation on time, and when we started, the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for IPPs to find expression even when they add no material value to the grip of the South African economy. We, therefore, stand here to reject the proposed Electricity Regulation Bill and all its misguided established entities.

  1.  

Nkosinathi Nkonyane

COSATU

No

The Congress of South African Trade Unions (COSATU) notes the tabling of the Electricity Regulation Amendment Bill. The Federation is opposed to the Bill in its entirety and urges Parliament to reject its passage.

 

COSATU engaged on the Bill extensively at NEDLAC. Our fundamental concerns were not addressed by government. We are thus left with no choice but to remain deeply opposed to the Bill.

 

We do not believe the Bill will assist in resolving Eskom’s many challenges. We fear that the unbundling of Eskom will at best serve as a distraction and at worse lead to its privatization. Eskom’s division into three separate entities may render it impossible for the utility to adequately plan investments in generation, distribution and transmission. Eskom’s survival is being jeopardized by the entry into the energy generation space of independent power producers (IPPs). The rise of IPPs may reduce the determination of electricity prices to a matter of profit alone and place the price of electricity out of the reach of the poor.

 

Context for the ERA Bill

 

Government announced its intention to split Eskom into three different entities in September 2019. It made this announcement against the backdrop of repeated and ever-increasing levels of loadshedding that has crippled the economy since 2006. Loadshedding has become worse with each passing year and is estimated to cost the economy up to 2% of gross domestic product growth annually. Eskom generates 95% and transmits and distributes 100%. Its rapid deterioration has had a massive impact on the economy, jobs, businesses and the fiscus. Eskom’s performance has consistently been the greatest threat to the economy. Yet this utility drove South Africa’ industrialisation and economic growth for more than eight decades until it was mismanaged and systematically weakened and crippled, in particular during the decade of state capture. Before then it was a world-renowned utility and regularly exported electricity to neighbouring states. Today barely half of its generation fleet is operational on a daily basis.

 

COSATU Response to Electricity Crisis

 

Eskom is simply too important to be allowed to fail. It is the life line of the economy. If Eskom is allowed to continue to deteriorate, it will continue to bleed the economy.

 

COSATU feared that government was not moving with sufficient speed to stabilize and rebuild Eskom in October 2019’s Medium Term Budget Policy Statement. The Federation subsequently drafted and tabled the Eskom Social Compact that was then adopted and signed by government, business and labour at Nedlac in December 2020. The Eskom Social Compact sought to mobilise government and social partners around a comprehensive 36 step intervention plan to stabilize and rebuild Eskom. These interventions ranged from slashing Eskom’s debt by at least 50%, tackling crime and corruption crippling Eskom, reducing wasteful expenditure, moving towards pre-paid electricity, increasing free electricity for indigent households, investing in Eskom’s infrastructure, retaining skilled staff and ensuring a Just Energy Transition.

It did not include the unbundling of Eskom as this was a point of disagreement between government and labour. Many of its elements have subsequently been incorporated into government’s energy action plan and are being implemented with varying degrees of success. Monthly engagements take place at Nedlac overseeing its implementation.

 

COSATU Opposition to the ERA Bill: Unbundling

 

COSATU remains opposed to the ERA Bill. We believe that it does not address the root causes of the crises crippling Eskom. Instead, it seems to believe that Eskom is in a crisis because it is a single structure utility when in reality Eskom is in a crisis because of mismanagement, corruption, state capture, wasteful expenditure, criminal activities, cable theft, vandalism, infrastructure neglect and brain drain. Unbundling Eskom will not resolve a single one of these causes of Eskom’s crises. Instead, it serves as a meaningless ideological distraction at best, and at worst it will further decapacitate Eskom and worker fear, lead to electricity’s ultimate privatization. Many of the Bill’s provisions deal with unbundling Eskom and its generation, transmission and distribution functions.

We fear that this splitting up of Eskom into three different companies will make it virtually impossible for it to properly for an integrated electricity plan that will ensure the economy has the electricity it requires to grow. It will also generate additional costs for the utility, e.g. board, management and administration costs that the state says it cannot afford.

 

COSATU Opposition to the ERA Bill: IPPs

 

The Federation’s other fundamental objection to the ERA Bill is that it provides for the privatization of energy generation. Until recently the generation of energy was the sole prerogative of Eskom. It has over the past few years been opened up to the private sector through IPPs. The Bill is now providing a retrospective legislative framework for this. We fear that the rise of IPPs will ultimately lead to the displacement and demise of Eskom. Eskom too has been forced to buy electricity from IPPs at higher tariff levels than it has been allowed to resell the same electricity for. Thus, Eskom has been subsidizing the IPPs at its own expense! Solar and wind energy generation has effectively been ringfenced to the private sector with Eskom lacking the funds to invest in its own new generation capacity and under the Eskom Debt Relief Act, being denied the right to invest in new generation capacity without the permission of the Minister for Finance. COSATU fears that with the rise of private electricity generation, the ability of NERSA to regulate tariffs in a manner that is affordable for the poor, the working and middle classes, SMMEs and the economy; will increasingly be under threat and possibly sacrificed at the alter of profits.

 

Conclusion

 

COSATU is opposed to the ERA Bill. We do not feel it addresses any of the causes for Eskom’s existential threats. It focuses on unbundling which at beast is a distraction and an additional expense as well as an obstacle to Eskom’s effective planning, and at worse a precursor to the wholescale privatization of Eskom and electricity. It allows for the de facto privatization or semi-privatisation of generation, in particular solar and wind. This will again weaken Eskom’s balance sheet in terms of purchasing and its own generation costs. We urge Parliament to reject this Bill and to compel government to instead focus on addressing Eskom’s real obstacles to ensuring reliable and affordable electricity.

  1.  

Zoliswa Ntamane

Kokstad ward committee

N/A

We wish the Committee could visit our area because we have a lot of electricity challenges. NERSA must be regulated to avoid manipulation of electricity prices. I support the 5-year jailtime sanction for those who have been found guilty of cable theft and illegal connections. I am uncertain whether I should support the Bill or not because of the plight of our community, therefore I would need to get a mandate from my constituency.

  1.  

Sifiso Zulu

Ward 11 resident

Yes

Even though I support this Bill, I would like to submit that Parliament should look into Eskom’s infrastructural problems. Parliament should also look into the quality of transformers that are installed by Eskom in communities because when weather conditions are bad, we always experience power cuts.

  1.  

Mongezi Macela

Koksatd ward committee

Yes

The ruling party tried to power all communities when it took over from the apartheid regime but its downfall was that the power stations were not properly maintained and further capacitated to withstand the load based on the addition of a number of powered households.

  1.  

Luyolo Ntsevu

Ward 9 resident

N/A

Competition is good because it gives us a choice in terms of where we would want to purchase electricity from. The challenge with the “middle man” makes profit out of selling electricity. An example of this is foreign nationals who charge extra for the price of electricity. Electricity prices are rocketing because of loadshedding, which puts communities at a disadvantage as they cannot afford. Cable theft is a huge challenge affecting us as communities because we lose power. This also affects the elderly who need to prepare meals prior to taking their medication. 5-year jailtime is too short a sentence so I propose that the sanction be increased to 10 years.

  1.  

Victor Ndzimande

 

No

I do not support the Bill because I do not believe that privatising Eskom will be a solution. I believe Eskom is being deliberately run down to make way for IPPs. The indigent will be unable to afford high electricity prices that will be produced by IPPs. I would propose that the R1m fine should be completely scrapped but rather those who are found on the wrong side of the law must face jailtime.

  1.  

Kholeka Mncwabe

 

No

In my opinion, I doubt the proposed amendment will assist us. I would like Eskom to eradicate the electric boxes that are produced and sold by private companies because they necessitate illegal connections, as Eskom has no oversight role over them. Eskom should also ensure that monitoring is thoroughly done when electricity works, and maintenance is being done in communities so that private electric boxes can be eradicated.

  1.  

Bhekamahlongwa Lukakayi

 

Yes

Through this Bill, we have been able to realise that Eskom alone, is unable to generate electricity for the entire nation, which is why we welcome the unbundling that will enhance the work of IPPs. NERSA must have control over Eskom even though there will be other power producers introduced. We have streams flowing in our area and we would like to be granted opportunities to generate our own electricity. Or fear is that there is no proper monitoring and evaluation from government’s side.  Eskom is taking a liberal approach to energy pricing. There must be a way in which Eskom can hold those found on the wrong side of the law to account rather than disconnecting power for the entire community. Those who have been charged for wrongdoing must be brought to book. The sanction could be based on the relativity of the criminal act instead of a blanket 5-year jailtime approach.

  1.  

Thembelani Mbedu

Kokstad

N/A

The issue of electricity affects everyone. Mentions that units of electricity are too small compared to the purchase price.

  1.  

Mvumeni Dlamini

NEHAWU

No

We do not support the Bill because it does not seek to assist disadvantaged people. Parliament should find a way to empower Eskom instead of privatising the entity. There is a possibility that the people who are destroying Eskom are doing so because they want privatisation.

  1.  

Xoli Gebashe

COSATU

No

COSATU is opposing the ERA Bill because we believe it does not address the root causes of the crisis, crippling Eskom instead. It seems to believe that Eskom is in crisis because it is a single structure utility, when in reality, Eskom is in crisis because of mismanagement, corruption, state capture, wasteful expenditure, criminal activities, cable theft and vandalism. Unbundling Eskom will not resolve a single one of Eskom’s problems. Unbundling Eskom into three different companies will make it impossible for it to properly form an integrated electricity plan that will ensure the electricity it requires to be sustainable. This Bill will lead to electricity privatisation where there will be those who will benefit, and the poor will become poorer. People will lose their jobs we say no to the ERA Bill.

  1.  

Vuyokazi Shucu

ANC

N/A

We request a community representative that will be responsible to resolve minor electricity challenges. The representative must be employed by Eskom so that minor challenges can be swiftly dealt with.

  1.  

Andiswa Lukhozi

EFF

No

The treatment that we get from Eskom varies based on how much electricity one buys in a period of a month. This is discrimination because as poor communities, we can only afford to buy minimal units compared to others who buy bulk electricity.

  1.  

Bheki Dlamini

EFF

No

I reject the privatisation of Eskom because IPPs will increase the price of electricity and poor people will be unable to afford it. We implore on the Committee to swiftly address the issue of loadshedding especially because in our area, when power is off, we completely lose network coverage as bandwidth gets affected.

 

 

6.4 Limpopo Province

 

 

 

Day 1: Limpopo, Collins Chabane Municipality, Malamulele Community Hall, 26 September 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Jeffrey Masutha

Community Supporting Forum

Yes

Fully support because it reveals who we are as South Africans and how we can work together. Furthermore, there are numerous sources of energy which can be used for energy especially in Vhembe where we can create our own electricity if the Bill is passed. Supports the Bill as it can enable locals to generate electricity.

  1.  

Danani Baloyi

Ward 20 – Jim Jones

Economic Freedom Fighters (EFF)

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a Bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation bill and all its misguided established entities. 

  1.  

Dr Lilian Manaka

Ward 23 – Thulamela

EFF

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation bill and all its misguided established entities. 

  1.  

Meshack Mbangula

Mining Affected Communities United in Action (MACUA)

No

Rejects the Bill because the organisation he represents (MACUA) has engaged with Government on the Integrated Resources Plan (IRP2019) in which it was stated that wind and solar are clean energy sources and will work in the residential areas. It was also stated that this will also address the climate change and fossil fuels being a detrimental source of energy, therefore must be prioritised. However, the government continued with the building of Kusile and Medupi coal power stations which was a shocking decision given the climate change mandates and the attempts by MACUA to engage Parliament. Also reject the Bill because the organisation has made attempts with Parliament and Department of Mineral Resources and Energy (DMRE) in order to amend the Mineral and Petroleum Resources Development Act (MPRDA) but to date this has not taken place. Rejects the Bill because the rush for finalising this Bill is driven by money which will benefit the selected few, not all South Africans.

  1.  

Gudani Tshikhola

MACUA Legal Advisory Office

No

Rejects the Bill because the organisation he represents (MACUA) sent the Chair of the Portfolio Committee on Mineral Resources and Energy (PCMRE) several emails regarding the public hearings. In the email he mentioned that the publication of the hearings was on 16 September 2023 and the first hearing is 26 September 2023 which is unreasonable timeframe for persons in rural areas to attend, to understand the Bill, to be workshopped within a short space of time. As a result, most people do not know about the Bill and asks who the public hearing is for. He mentioned that this issue was raised to the Chair repeatedly via email as a concern. Further that as this public hearing continues today the process will be legally challenged by the organisation as it is not inclusive to all affected person given this schedule and short time frame.

  1.  

Steven Hlungwana

EFF

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation Bill and all its misguided established entities. 

  1.  

Olive Netshifhefhe

Ward 29 - Makhado

No

Rejects the Bill because price of electricity is very expensive, and it does not ever drop and therefore there is a concern with the Bill whether people will afford the electricity under this new system therefore rejects the Bill.

  1.  

Maureen Seshoka

MACUA

No

Rejects the Bill because there is no information, no workshopping of this Bill, so the participation on the public hearing will be limited and cannot be supported. She mentioned she was deeply disappointed in that the Bill does nothing to advance women or at the very least protect women.

  1.  

Ms. Chauke

Ward 21 Collins Chabane Municipality

Yes

Speaker supports the Bill. He provided context by saying that electricity issue is big in the community specifically black outs, states that the community does not have issues of illegal connections like in other provinces but does have the issue of black outs even when it is not loadshedding by Eskom. The speaker mentioned that this is because there is no control of electricity beyond even generation and transmission. Indicates support of the Bill because of the belief that the Bill addresses this issue to ensure control of the electricity to make sure that all have access to electricity whether black out or not.

  1.  

Faith Tinstwalo Chauke

Ward 21 Collins Chabane

Yes

Supports the Bill because it will improve the lives of women. The speaker mentioned that the impact of no electricity on women is different than for men especially in rural communities. She stated that when there is no electricity the cooking materials like water and fire wood can only be fetched far away and this has led to rape and assaults of women and girls. Including black outs take place and women only are in the houses, men and criminals come and steal, rape and assault women in their homes. Supports the Bill as she believes it will improve access therefore minimise negative criminal impacts on women.

  1.  

Takalani Rambau

Ward 27 Makhado

Yes

Speaker supports the Bill because it is well presented, however the speaker would like to highlight that in the villages the people report issues of electricity and the response to these complaints are not addressed or very slow which is a problem. Speaker also asked that the government should encourage the youth to pursue careers in engineering which could assist the electricity sector and Eskom and also address the unemployment crisis in the country.

  1.  

Cynthia Mathelemuge

Ward 3 Makhado

Ward Community member

Yes

Fully supports the Bill as it is.

  1.  

John Malima

South African National Civics Organisation (SANCO)

Yes

Supports the Bill because it will help with pricing and access to electricity. The speaker provided context and mentioned that in his area there is a big crisis of Somalians selling electricity but at a much higher rate. The residents pay a very high rate of electricity for example for R50 worth of electricity people are forced to pay R60. He further asked that offices of the companies dealing with electricity be located in the community itself where electricity can be bought at the right prices which are affordable, and this may also mitigate the illegal connections.

  1.  

Thembulu Nemokhavhani

Secretary Ward 28 Thulamela

Yes

 Fully supports the Bill and adds that certain aspects must be addressed, such as the scope of the Regulators’ powers to include consultations when raising tariffs it decided on and explain if the reason given to raise tariffs is the economic conditions of the country.  The disputes on electricity challenges – this should be accessible arbitration processes. The clause related to sub-contracting – the speaker stated that the subcontracting of maintenance should be regulated to avoid creating an industrial monopoly. Women must be empowered in electricity generation. This will be in line with empowering women in business.  Licensing entities to generate electricity – the granting and objection must be treated in courtesy to avoid a similar situation as what is happening in the taxi sector.  Competitive market – must align with the economic conditions of the country. Stated that the electricity generation must not be at the cost of agriculture or food security – the Bill must state this in the form of a guarantee. The unbundling of Eskom is supported and must be fast-tracked to start accountability processes for the separate entities. Subsidise the electricity sector to ensure electricity affordability - must be included in the Bill.

  1.  

Janet Shandukani

Ward 2 – Collins Chabane

Yes

The speaker stated that she read the Bill in English and her home language of Venda and compliments the translation as she understood the Bill in her home language. She supported the Bill fully.

  1.  

Sydney Maluleka

Ward 31 - Makhado

Yes

The speaker mentioned that he supported the Bill as it is.

  1.  

Tinyiko Eric Baloyi

Collins Chabane Chamber of Business

N/A

The speaker mentioned that as business, the Bill must be studied properly. Stated that the loadshedding is badly affecting business and most are not recovering from the impact. As a result, the submission by business will be done to provide suggestions and indicate support or not in writing at a later stage but before the due date.

  1.  

Molly Mutere

Collins Chabane - ANC

Yes

The speaker stated that she supports the Bill. The speaker further stated that in the Limpopo area in general most people buy electricity differently from other provinces which places pressure on the people of Limpopo when buying electricity. The Bill must level the playing field to ensure that those buying electricity are not paying much more than others for the same access of electricity.

  1.  

Bongani Baloyi

Collins Chabane Resident

Yes

The speaker commended the Committee for undertaking this process for an important Bill.  However, indicated that he only received the copy of the Bill the morning of the public hearing, therefore participation and comments will be limited. The speaker focussed on the objects of the Bill and stated that the additional electricity and new generation capacity is supported if the understanding is that it will address the electricity crisis in the country.  The how part of the Bill is the application of the Bill if it passes, and as a result the speaker will support the Bill only in principle. The request was for time to be given to look further in to the Bill and interrogate the how properly.  The speaker indicated that he will make a written submission and he will provide further reasons for his support of the Bill.

  1.  

Rabella Mafanela

Ward 23 – Collins Chabane

EFF

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a Bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation Bill and all its misguided established entities. 

 

  1.  

Eric Maluleke

Ward 14 – Makhado

Chairperson of Vhembe Electricity Forum

Yes

The speaker stated that the Bill is supported in order for the community to be better serviced.

  1.  

Emmanuel Magoro

Ward 19

Ward community member

Yes

Supported the Bill. Stated that the introduction of a competitive market is good as Eskom has not managed on its own therefore new entrants will enable better access of electricity.

  1.  

Victor Sibiya

 

 

 

 

 

 

 

Yes

Supports and believes that the Bill will address the electricity crisis and suggests that it must be more aligned with other countries. The speaker further stated that in Musina there is good sunlight throughout the year even during winter to which solar farms can be established and this electricity can be distributed to communities. The Bill will also assist the companies that are exporting goods, and decarbonise the economy. The energy generation can also be done using coal which will create job opportunities for the people.

  1.  

Reuben Mokamu

Ward 23 - Malamulela

Yes

Supported the Bill fully.

  1.  

Carol Mabasa

Vhembe Ward 13 EFF

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a Bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation bill and all its misguided established entities. 

  1.  

Ramunana Tshanduko

Makhado Local municipality Ward 28

Yes

In full support of the Bill as he also wants to see the current electricity problem to come to an end as soon as possible. He believes that the purpose of the Bill is to help the Country. 

 

 

 

Day 2: Limpopo, Greater Giyani Municipality, Thomo Community Hall, 27 September 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Hasani David Ngobeni

ANC

Yes

The proposed amendments provide the necessary elements to incentivize competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply. Amendments, influenced by the Department of Public Enterprises’ Roadmap for Eskom in a Reformed Electricity Supply Industry, entail changes to Clauses 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by independent generators direct to customers and to change the current requirement for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised. Amendments further assign duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis. Electricity Regulation Amendment Bill is necessitated by the fact that the total generation capacity on offer through successive bidding rounds in the Renewable Energy Independent Power Producer Programme (REIPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Rifumo Baloyi

Ward 32

No

Does not support of the Bill because the Eskom unbundling will be costly as can be seen with previous similar government decisions. The privatisation of Eskom is a concern because who will own it and will it benefit the people. The electricity tariffs are already expensive, and this Bill doesn’t discuss how this will be managed. The levels of corruption in the country makes people sceptical on whether this Bill be for the people.

  1.  

Trompies Hlungwana

EFF

No

Understanding of the Bill is that it is about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a bill that gives Eskom additional funding with a condition that says money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of the people whose only interest is profit above all.

 

We reject the proposed Bill because it seeks to privatise Eskom in a manner that there will be few people who benefit from infrastructure that was built by taxpayer’s money, yet they only come in the last minute to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established are to serve separate strategic assets from billions of Eskom debt to make privatisation possible.

 

We reject the Electricity Regulation Amendment (ERA) Bill which should be called the Electricity Privatisation Bill, because the Bill is only addressing the issue of privatisation of generation of electricity, but it is silent of the cost of electricity that millions of workers cannot afford. We are choosing to sit in the dark sometimes even when there are no black outs because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the Bill will not allow for all these private entities who will not get a license will not charge more than the approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approves certain prices those who are selling electricity simply pass down cost as administrative to end user and we end up paying different prices depending on whether we are buying our electricity from Eskom, Municipality of Vendors.

 

The Bill has failed to appreciate the basis of South Africa’s electricity crisis. The primary reason we have electricity black outs is a simple fact that we did not build new generation capacity on time and when we started the workmanship was pure thievery and corruption. That is why today we don’t have Kusile and Medupi working properly. This was made worse by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPP’s) to find expression even when they add no material value to the grip of the South African economy.

 

We therefore stand here to reject the proposed electricity regulation bill and all its misguided established entities. 

  1.  

Matome Letsie

Ward 20 Maphale Village

Yes

Support of the Bill as it is.

  1.  

Meshack Mbugula

MACUA

No

Rejects the Bill because the organisation he represents (MACUA) has engaged with Government on the Integrated Resources Plan (IRP2019) in which it was stated that wind and solar are clean energy sources and will work in the residential areas. It was also stated that this will also address the climate change and fossil fuels being a detrimental source of energy, therefore must be prioritised. However, the government continued with the building of Kusile and Medupi coal power stations which was a shocking decision given the climate change mandates and the attempts to engage by MACUA to engage Parliament. Also reject the Bill because the organisation has made attempts with Parliament and Department of Mineral Resources and Energy (DMRE) in order to amend the Mineral and Petroleum Resources Development Act (MPRDA) but do date this has not taken place. Rejects the Bill because the rush for finalising this Bill is driven by money which will benefit the selected few, not all South Africans.

Rejects the Bill because the organisation he represents (MACUA) sent the Chair of the Portfolio Committee on Mineral Resources and Energy (PCMRE) several emails regarding the public hearings. In the email he mentioned that the publication of the hearings was on 16 September 2023 and the first hearing is 26 September 2023 which is unreasonable timeframe for persons in rural areas to attend, to understand the Bill, to be workshopped within a short space of time. As a result, most people do not know about the Bill and asks who the public hearing is for. He mentioned that this issue was raised to the Chair repeatedly via email as a concern. Further that as this public hearing continues today the process will be legally challenged by the organisation as it is not inclusive to all affected person given this schedule and short time frame.

  1.  

Elliot Maswanganyi

EFF

No

See EFF submission above

  1.  

Joseph Ramalekae

Development Forum under Greater Tzaneen Municipality Ward 8

Yes

Support of the Bill only if the following suggestions are taken into consideration: Amendment of the registering must be clear on whether it is for locals or foreign nationals. The concern is that if the Bill is open for foreign nationals then speaker won’t support the Bill. Speaker asked whether the registration is only for those with capital or does it also include those without capital? If the Bill does not allow for those without capital, then speaker will not support the Bill. Suggestion was that where the registration process include the locals then the locals can use solar and become the competition for Eskom.

  1.  

Tshepo Baloyi

Giyani Ward 14.

ANC YL

Yes

Supports the Bill as it is.

  1.  

Mashile Phalane

Batlabile Community

Yes

Support the Bill only if the following suggestions are taken into consideration: There is no access to the grid as residents so if the Bill can allow for grid access for communities in order for communities to generate energy from solar and provide this energy to the grid. The IRP2019 is not community led or does not take the community perspectives into consideration as it is capital intensive only. The amendment must include community generation of electricity and community views must be reflected in IRP. The State-Owned Company (SOC) should be accessible to the community and not a big company based far from community, that is to say it must be in the community as provincial/local branches. Licensing and registration must enable local community to generate electricity. The National Energy Regulator of South Africa (NERSA) must not undermine the local community and must give local community licenses

  1.  

Mikateko Christina Mashimbye

Ward 22 Greater Giyani

ANC Women’s League

Yes

See ANC written submission above

  1.  

Helome Service Makhubele

ANC

Yes

Supports Bill as is.

  1.  

Tyani Rabothata

ANC

Yes

Support the Bill because Eskom is not being privatised but rather it is a creation of competition in order to enhance electricity distribution which is supported.

  1.  

Makhelo Piet Mabenda

ANC

No

Reject the bill because there is shortage of electricity especially since 1994’ with a higher demand of electricity. Therefore, the ideal scenario is for solar energy to be used for electricity and the companies suggested in the Bill must assist Eskom in this regard, by creating solar farms. Eskom must just be supported to meet the demand and new companies can do this.

  1.  

Freddy Mabasa

Freddy Mabasa

No

Reject the Bill because the current price of electricity is already too high and most people do not afford electricity.

  1.  

J.N Mashele

GGM Ward CCLR

Yes

Supports the Bill as it is.

  1.  

T.E. Nkuda

GGM Ward CCLR

Yes

Supports the Bill as it is.

  1.  

Israel Nkuna

EFF

No

See EFF submission above

  1.  

Cedrick Rikhotso

ANC

Yes

Support of the Bill, because when considering all the sections of the Bill, the creation of competition is the main proposal which is supported. Eskom cannot do all that is required of generation and transmission which is why there is loadshedding therefore the introduction of other companies will be good for public service delivery, and the pricing of electricity.  Also, the creation of new companies and competition will create jobs and new knowledge of different sources of energy.

  1.  

Ntakateko  Maswanganyi

EFF

No

See EFF submission above.

  1.  

Allen Rikhotso

Ward 19 Giyani

No

Reject the Bill because the privatisation of Eskom is concerning because it is unclear on who will come in and what will happen to employment, whether the locals will be employed by the new entrants. The loadshedding situation is also programmed to create a picture of a problem which can only be fixed by this Bill and the new companies it proposes. South Africans must not just accept it. There is also a rush with the Bill which came after the BRICS meeting which the speaker believes is too coincidental therefore rejects the Bill.

  1.  

Cedrick Baloyi

  •  

Yes

Supports the Bill because it encourages competition which has not been the case for Eskom and led to the current crisis. Any other sector such as telecommunications and airlines have this competition. Without competition a sector will not thrive. The Bill states that NERSA will regulate the price therefore there shouldn’t be a fear of overcharging or of not affording when competition comes into the sector. The concern of corruption will be dealt with under the normal criminal laws in the country.

  1.  

Tammy Constance Mhodi

MACUA

No

Rejects the Bill and argues that Eskom must first be held accountable for their failures before anything else is introduced. The Bill does not do anything for women or address the vulnerabilities of women when there is no electricity. This is a problem not just for loadshedding but also for affordability because most women are not working so they cannot pay for electricity. The Bill does not say whether all will afford electricity with new companies.

  1.  

Steven Msongeya Mathebula

Ward 18

Yes

Support the Bill because the bailouts by government to Eskom has not led to a change therefore the competition will possibly assist with managing the crisis.

  1.  

Rose Mnyuku

Ward 19

Yes

Support the Bill because it will promote jobs.

  1.  

M.G Chabalala

Ward 20

No

Reject the bill because the Bill promotes something that requires a lot of money and Eskom already has massive debts so how will these two realities make sense for the people of South Africa as taxpayers. Eskom must stay as it is and deal with its issues. New companies will introduce their own rules and that will not benefit South Africans.

  1.  

Lehlogonolo Rakwatha

Ward 29 Greater Tzaneen

No

Reject the Bill because Eskom is not incapable of addressing the issues and doing its operational duties. Eskom was affected by the Black Economic Empowerment (BEE) policy. The privatisation will create a situation where people cannot afford electricity for the poor especially. Private companies focus on profits and not the people therefore the Bill cannot be supported.

  1.  

Moriah Shirinda

Ward 16 Greater Giyani

       Yes 

Supported because it will enable better access  to electricity and be affordable

  1.  

Steven Sehlwane

SANCO

Yes

Support the Bill because Eskom has had many issues and the amendments will enable Eskom to do its work and encourage working with other role players to assist. The competition will also create jobs and address the unemployment crisis.

  1.  

Donald Manganya

Ward 17 - Thomo

No

Reject the Bill because Eskom has the capacity to do its work and must be supported.

  1.  

Tshililo Ramunana

Secretary of SACP Makonde Magoro Branch ward 28 and a Deputy chairperson of Tshiswiswini village Civic

Yes

Fully supports of the Bill as I also want to see this electricity problem to come to an end as soon as possible. I don't think but I believe that the purpose of the Bill is to help our lovely Country.

  1.  

Felicia Machimana (Written)

Greater Tzaneen Municipality

Yes

Supports the amendment as Eskom is failing to produce enough electricity for the whole country since the community is growing and new ideas being extended. Eskom need competition and other companies that will push them to offer better services.

  1.  

N/A (Written)

SANCO Phalaborwa Ward 04

No

The Bill encourages privatisation. Privatisation is focussed on profit. It ignores the fact that South Africa is a developing country. We must not forget the role of the SOC in the development of the country. Energy plays a big role in the development of the country. Private hands do not care about the development of the country, their motive is only profit. Let us rather equip Eskom.

  1.  

Amos Gambo (Written)

 

Greater Tzaneen Municipality ward 18

Yes

Supports the Bill because Eskom must compete with other institutions. The Bill can create more jobs and skills for South Africans.

  1.  

David Mojalefa (Written)

Greater Tzaneen Municipality ward

Yes

It is clear that Eskom is now faced with serious challenge of electrify supply, so there is a need to open competition.

  1.  

Isiah Malebati (Written)

Mopani

Yes

Supports the Bill as it will ease the licensing process that in turn will  enable the country to procure energy quickly.

  1.  

Nkuna R (Written)

Giyani Section A

Yes

See ANC submission above

  1.  

Ntsako Sekgobela (Written)

Ward 12 Giyani Section A

Yes

See ANC submission above

  1.  

Nondonga Julia (Written)

Ward 4

Yes

See ANC submission above

  1.  

Tinstswalo Baloyi (Written)

Ward 15

Yes

See ANC submission above

  1.  

Oanky (Written)

Mopani ward 21

Yes

See ANC submission above

  1.  

Lawrence (Written)

Ward 15

Yes

See ANC submission above

  1.  

Mathebula Khanyisile (Written)

Ward 2

Yes

See ANC submission above

  1.  

Praise Khumbuza (Written)

Ward 18

Yes

See ANC submission above

  1.  

Stine Ngomeni (Written)

Ward 07

Yes

See ANC submission above

  1.  

Thabo Makhubele (Written)

Ward 10

Yes

See ANC submission above

  1.  

Hlamulo Baloyi (Written)

Ward 10

Yes

See ANC submission above

  1.  

Vukeya Basani (Written)

Ward 3

Yes

See ANC submission above

  1.  

Butshabelo Mabunda (Written)

Greater Giyani

No

As a woman if electricity is privatised it means that it will be very expensive for me as a farmer. This Bill has failed to incorporate clause in it even though it is well known fact that electricity effects women more. This Bill has failed to account for all challenges that the privatisation of electricity will have on women headed families, on businesses that women conduct as most women are in catering, saloons and laundry businesses. I reject this Bill because it is anti-women. Its clauses only seek to empower to empower corporate run by men. I reject this Bill as the advert for public participation was not advertised on the local media houses.

  1.  

Dixila Nero Mabunda (Written)

Mopani

Yes

The Bill will bring more generation capacity and competition.

  1.  

Matome Alfred Lesie

Maphalle Village

Yes

N/A

  1.  

Alfred Mahlanhle (Written)

Giyani Section A Ward 12

Yes

We must also support Eskom with the corrupt elements that are happening internally and externally. Look at the power stations which has been closed, which need upgrading and start there. Companies which are to help Eskom supply electricity to South Africa should be monitored vigilantly as most or almost South Africans cannot afford basic electricity for their households. NERSA should also protect the people of South Africa in terms of tariff hikes. In South Africa electricity is expensive. This Bill should benefit the people of South Africa and protect the South African based companies.

  1.  

Bi Chavalala (Written)

GGM

No

The speaker cites the current challenge of loadshedding, high electricity prices, illegal electricity connections, damaged meter boxes which Eskom took long time to fix. Does not believe that the Bill is dressing these issues.

  1.  

Mabada Freddy (Written)

Mopani

No

Electricity is already expensive, having a middle man will make it more expensive.

 

 

 

Day 3: Limpopo, Elias Motsoaledi Local Municipality, Elsca Motetema Church, 28 September  2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Edwin Modepa

Ephraim Mogale Ward 16

Yes

Speaker supports the bill, specifically supports section 1(a) (d) and (e)

  1.  

Sibongile Mahlangu

ANC

Yes

The proposed amendments provide the necessary elements to incentivize competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply. Amendments, influenced by the Department of Public Enterprises’ Roadmap for Eskom in a Reformed Electricity Supply Industry, entail changes to Clauses 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by independent generators direct to customers and to change the current requirement for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised. Amendments further assign duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis. Electricity Regulation Amendment Bill is necessitated by the fact that the total generation capacity on offer through successive bidding rounds in the Renewable Energy Independent Power Producer Programme (REIPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Capu Ngobeni

Ward 31

ANC

Yes

Speaker supports the Bill because the issue of electricity affects the people and business and the Bill can address this challenge with additional companies to help Eskom.

  1.  

Johanna Mashiya

Ward Comittee

Yes

Speaker stated that there should be outsourcing of companies to assist Eskom as the power cuts causes serious issues in the community.

  1.  

Meshack Mbugula

MACUA

No

Rejects the Bill because the organisation he represents (MACUA) has engaged with Government on the Integrated Resources Plan (IRP2019) in which it was stated that wind and solar are clean energy sources and will work in the residential areas. It was also stated that this will also address the climate change and fossil fuels being a detrimental source of energy, therefore must be prioritised. However, the government continued with the building of Kusile and Medupi coal power stations which was a shocking decision given the climate change mandates and the attempts to engage by MACUA to engage Parliament. Also reject the Bill because the organisation has made attempts with Parliament and Department of Mineral Resources and Energy (DMRE) in order to amend the Mineral and Petroleum Resources Development Act (MPRDA) but do date this has not taken place. Rejects the Bill because the rush for finalising this Bill is driven by money which will benefit the selected few, not all South Africans.

Rejects the Bill because the organisation he represents (MACUA) sent the Chair of the Portfolio Committee on Mineral Resources and Energy (PCMRE) several emails regarding the public hearings. In the email he mentioned that the publication of the hearings was on 16 September 2023 and the first hearing is 26 September 2023 which is unreasonable timeframe for persons in rural areas to attend, to understand the Bill, to be workshopped within a short space of time. As a result, most people do not know about the Bill and asks who the public hearing is for. He mentioned that this issue was raised to the Chair repeatedly via email as a concern. Further that as this public hearing continues today the process will be legally challenged by the organisation as it is not inclusive to all affected person given this schedule and short time frame.

  1.  

Tshebane Nkoane

Ward 13 Ephraim Mogale

Yes

Supports the Bill, specifically section (a) and (d) is particularly supported.

  1.  

Johannes Mtsweni

Ward 16 Elias Motsoaledi

Yes

Supports the Bill, however asked whether there is certainty with the privatisation, and whether the addition of companies will assist Eskom to allow for access of electricity to all South Africans.

  1.  

Zakhele Mkwana

Ephraim Mogale

Yes

Supports the Bill particularly (a)(d)(e). Speaker suggested that implementation of the Bill must not just be a matter of compliance.

  1.  

Seloma Molate

Ward 10 Ephraim Mogale

Yes

Speaker provided context of the community and stated that the community does not use illegal connections for electricity. Most people staying in the wards buy electricity, however they are also the most affected with the pricing.

  1.  

Caroline Mokanye

Ward Committee Member

Yes

Speaker supports the Bill and suggests that Clause 27 – minister may make determinations should be corrected to state must not may. This will limit the discretion of the Minister to respond to make determinations. If there is any outsourcing of companies especially if they are foreign companies, these companies must empower and employ local youth that are involved in the sector.

  1.  

Thandi Mable Sibanyoni

Ward 31 Elias Motsoaledi

Yes

Speaker supported the Bill, and made the following suggestion given her context. The speaker mentioned that the grant for elder people mostly goes toward purchase of electricity therefore requests a decrease in the pricing of electricity in order to have a better quality of life.

  1.  

Medikgake Maduane

Ward 18 Makhuduthamaga

Yes

Supports the Bill and adds that they have a challenge of meter boxes being damaged and Eskom taking long to address and fix the issue.

  1.  

Setshibiki Thobejane

Ward 18 Makhuduthamga

No

Rejects the Bill because it is poorly drafted and needs a redraft. This is because the Bill refers of new energy players and does not indicate what the new players are bringing to the table. He further added that the open market must be explained on how it will benefit the people, for example are the tariffs going to decrease with them on board? South Africa is in energy crisis therefore the speaker mentioned that the Bill should be specific to how it will address the crisis and not refer to new players. The speaker mentioned that the new Minister of Electricity is not factored in the Bill.

  1.  

David Mashiane

Ward 9 Ephraim Mogale

Yes

Suggests that Eskom substations must be better managed and fixed - the Bill must include this aspect.

  1.  

Lehlogonolo Legodi

 

Yes

Supports the Bill however mentioned a concern about the pricing and whether the Bill enables increase or decrease. The speaker provides context by saying that even with power cuts the community still pays increased rates. Further added that the community also buys electricity from the Municipality which uses a middle man which makes the electricity more expensive with additional tariffs. Therefore, the speaker mentioned that he hopes this is not what is suggested and can be mitigated now in the community as people cannot afford the electricity.

  1.  

Mogethoa

Ward 14 Elias Motsoaledi

Yes

Supports the Bill because the new role players introduced by the Bill will help the electricity crisis and create jobs. The companies are also taxed and this will be a contribution to the economy of the country. The Regulator must just ensure that the locals are prioritised for employment.

  1.  

Katherine Mampa

Ward 8 Ephraim Mogale – ANC

Yes

Supports the Bill because electricity access in the country is a problem and the Bill suggests interventions to address the crisis.

  1.  

Maureen Sheshoka

MACUA

No

Reject the Bill because Free Prior and Informed Consent is not practiced, and the community is not workshopped and therefore they cannot engage properly on the Bill. Just transition and energy are not explained and understandable to the community which are important to understand the Bill, therefore there is a need to revisit the public hearings.

  1.  

Esrom Tshela

Sekhukhune Ward 11 Ephraim Mogale

No

Rejects the Bill because it does not explain how the people will benefit. The Bill does not explain how the companies will benefit the local community. The information about the Bill is not accessible prior to the hearings and this must be addressed before the Bill is passed, it must go back, and people must be involved from the beginning. The speaker added that the community is affected by electricity and Eskom, therefore they must be involved in drafting so it must go back.

  1.  

Willie Rantobeng

Ward Committee Member – Ward 14 Regoa Village

Yes

Speaker supports the Bill, makes the following additions:

There is a problem with the meter box particularly when the box is damaged Eskom takes a very long time to fix and address issues. The Bill must ensure compliance of addressing the problems experienced for end-users. Maintenance of existing meter boxes must also be addressed including the falling transmission and distribution lines/poles in the community. There is also a term called load reduction which is explained as when there is an overload in an area on the system of the local sub-station therefore a power cut, but it is different to the national loadshedding. This must be addressed because it is a very uncertain process, and detrimentally impacts the community.

 

 

Day 4: Limpopo, Bela Bela Local Municipality, Bela Bela Multipurpose Hall, 29 September 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Joseph Ndlovu

Ward Committee Member – Ward 04

Yes

Supports the Bill because Eskom is in the situation it is in today is as result of a lack of skills, and when engineers were meant to be hired other non-qualified people were appointed, and there was corruption. Therefore, NERSA must be empowered to also fix Eskom. Free basic electricity for indigent people and the subsidy for unemployed persons is the same and it should not be the case. There is damage to infrastructure, and copper theft and transformer theft therefore NERSA must be empowered to arrest and hand out fines.

  1.  

Tshepo Mokoena

Ward Committee Member – Ward 04

Yes

Supports the Bill because it gives NERSA the power to regulates tariffs, classify between residences and business for different rates/tariffs.  Insertion of the word customer is supported. NERSA is empowered to monitor Eskom which is supported. The room provided for in the Bill for other power generators is supported.

  1.  

Zacharia Morudu

Party Leader

No

Rejects the Bill because it is confusing as it is not clear whether a new company will be formed and what happens to Eskom. The concern is that the Bill introduces privatisation which may cause residents to not be able to afford electricity as private companies main aim is to make profit.

  1.  

Roger Takalani

Ward committee Member 03

Yes

Supports the Bill because it will help people, since Eskom has too much power in the electricity sector, and it is not working. Therefore, if NERSA can be empowered to open the sector to other people and companies it will hopefully make a difference.  Suggested to add to the Bill that NERSA must be considerate of poor people and big business which have different electricity needs and the pricing must be fit for purpose with different pricing for different people/business.

  1.  

Oupa Ndebele

Ward Committee Member Ward 04

Yes

The sections referring to distribution and selling of electricity is supported specifically empowering Eskom to work with Municipalities to enable better access and pricing. Sustainability sections – there must be different sources of energy such as solar energy and also encourage limited usage of electricity in households. Speaker provided context and stated that purchase of electricity in his community is very high and not regulated which is a problem.

  1.  

Mmolawa Sithole

Disability Forum

Yes

Agree with the amendments as explained to the people. The Bill will improve people’s lives.

  1.  

Lucky Taueatswala

Ward Committee Member

Yes

Supports the Bill because additional companies will enable better access Suggested that the following be added in the Bill: Local graduates must be empowered and employed, and the abandoned power stations must be fixed.

  1.  

Lasi Maswanganyi

EFF

No

Speaker mentioned that he could not read or write and relied on the speakers’ contributions to understand the Bill. Therefore, he asked questions:

  • Does the Bill only apply to Bela Bela and Limpopo or all 9 provinces?
  • Rejects the Bill as a resident of Bela Bela because the community has a challenge with access and buying electricity from middlemen instead of from Eskom which create unfairness in pricing.
  1.  

Flexi Magwashe

Ward 1 Bela Bela

No

Rejected the Bill and stated the following:

  • The Bill must be referred to as Eskom Privatisation Bill.
  • Privatisation aims to make a profit and not for the benefit of the people therefore the pricing will be a challenge for the people of South Africa who are mostly poor and unemployed.
  • The electricity infrastructure is already in place, which was at cost to taxpayers, therefore are the new companies going to use tax payers infrastructure but not benefit the people?
  • The Bill does not mention anything about the pricing structure which is concerning.
  • The approach with the electricity sector must be to empower and improve Eskom as Eskom is not in crisis because the resource of coal is available in abundance, it is the people in Eskom that are the problem.
  1.  

Daniel Ledwaba

 

No

Rejects the Bill because it was drafted without consultation with the people. Many jobs will be lost due to privatisation. This Bill must be rejected because who in the community will be able to get a license and generate electricity – it is capitalistic and not ordinary people

  1.  

Gudani Tshikota

MACUA

No

Reject the Bill because there was not enough time, workshopping or information to ensure comprehensive contribution to the public hearings. Added that the Bill is anti-poor, it is capitalistic. 

  1.  

Surprise Mashishi

MACUA

No

As a woman if electricity is privatised it means that it will be very expensive for me as a farmer. This Bill has failed to incorporate clause in it even through it is well known fact that electricity effects women more. This Bill has failed to account for all challenges that the privatisation of electricity will have on women headed families, on businesses that women conduct as most women are in catering, saloons and laundry businesses. I reject this Bill because it is anti-women. Its clauses only seek to empower to empower corporate run by men. I reject this Bill as the advert for public participation was not advertised on the local media houses.

  1.  

Gilbert Moela

MACUA

No

I hereby express concerns over several significant flaws in the Electricity Regulation Amendment Bill [B 23—2023]. This bill, as it currently stands, poses serious implications for the electricity sector and the consumers it serves.

 

Firstly, the lack of transparency and stakeholder engagement in the drafting of the Bill is deeply concerning. The absence of proper consultation with industry experts, consumer groups, and other relevant stakeholders undermines the credibility and effectiveness of the proposed regulations.

 

Secondly, the Bill fails to address key issues related to market competition and fair pricing. It lacks adequate provisions to promote healthy competition among electricity providers and protect consumers from potential market abuses, such as price gouging or monopolistic practices.

 

Furthermore, the Bill appears to prioritize the interests of large corporations over the needs and rights of individual consumers. The proposed regulations do not sufficiently safeguard the rights of consumers, particularly in relation to service quality, billing disputes, and access to affordable electricity.

 

Moreover, the Bill neglects to tackle the urgent need for sustainable and renewable energy sources. In an era of growing environmental concerns and the need to address climate change, the lack of provisions supporting the development and integration of renewable energy solutions is unacceptable.

 

In conclusion, while the intention behind the Electricity Regulation Amendment Bill [B 23—2023] may be commendable, it falls short in addressing crucial flaws that could have a detrimental impact on the electricity sector and consumer welfare. We urge policymakers to reconsider the Bill, ensuring it incorporates adequate stakeholder input, promotes competition and fair pricing, protects consumer rights, and embraces sustainable energy solutions. Only through such revisions can we achieve a truly equitable and efficient electricity sector that serves the best interests of all stakeholders.

  1.  

Charles Molebatsi

Ward Committee Member

Yes

 Supports the Bill and add that NERSA must be given the power to regulate tariffs as there is unfairness in how much the poor people pay.

  1.  

Godwin Sigama

DACFSA ward 04 Bela Bela

No

Rejects the Bill because Eskom has always supplied electricity and built the power stations. The Bill suggests that Eskom is going to be privatised and generate an income for itself at the cost of the people. Added that the Bill must be redrafted.

  1.  

Mohale Seshoka

Mokopane MACUA/YAMUA

No

Rejects the Bill because he says research (survey) on the Bill was conducted prior to the drafting the Bill.  The survey indicated that 60% supported privatisation however his community never participated in this survey and his community would not support privatisation. The Bill is anti-poor and enables the rich to get richer and poor get poorer.

  1.  

Sipho Ndebele

Ward 4 Bela Bela

No

Rejects the Bill because the failures of Eskom are not addressed. The Bill is not privatisation it is a corruption tactic. NERSA is oppressing people further because the pricing regulation is not clear and it is very different to the pricing set by Municipalities. Eskom has infrastructure that can be improved to generate and provide electricity for people. Eskom must empower locals to generate their own electricity such as solar, there is no need to include NERSA for licensing or regulation. 

  1.  

Sebushi Kutu

 

No

Rejects the Bill because the public hearing was not properly conducted and does not include the relevant community members of the Waterberg.

  1.  

Maureen Seshoka

MACUA

No

Rejects the Bill because Free Prior and Informed Consent is not practiced, and the community is not workshopped and informed therefore they cannot engage properly on the Bill. 

  1.  

Johannes Phofedi

 Ward 7 Tsakane

Yes

Supports the Bill as it is.

  1.  

Nomsa Javaid

Ward 7 Tsakane

Yes

She has no electricity, the reason she cited is that she is told she stays on a wetland. Despite this fact, she indicated that she fully supports the Bill and however pleads for assistances so that her situation could be rectified. 

  1.  

Jonas Mmeti

Ward 9

No

Rejects the Bill because there is nothing wrong with Eskom, the problem is leadership. Privatisation is being introduced and seems to benefit a select few. No ordinary person can afford a license and generate anything, this is for the select few. This will exclude the locals for employment because the private companies will not employ South Africans.

  1.  

Girly Malatji

EFF –

Ward 2 Bela Bela

No

See EFF submission above

  1.  

Sylvia Maya

5 Ward Committee Member

No

Rejects the Bill because she is concerned of the jobs and rise of unemployment. Concerned of the existing debt of Eskom which has not been addressed. Suggested that Eskom must be fixed first, address illegal electricity connections, theft of copper cables, and corruption first before any new laws.

 

 

6.5 Northern Cape Province

 

 

Day 1: Northern Cape, Dawid Kruiper Local Municipality, Piet Thole Community Hall, 24 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Stanley Peterson

Speaker in the Dawid Kruiper District Municipality

N/A

The speaker indicates that the municipality is the main supplier for solar energy but the people are not participating in this sector, in fact they are being blocked and there is no reason why this is the case. The people are jobless in the area and the request is for an intervention to assist. Concern of lack of public education on the Bill and access to the Bill prior to the public hearings to enable people to participate in the law-making process. The speaker mentions the concern of bail outs for public entities which then charges expensive electricity. The speaker feels that the people are paying for the bail outs with the price of electricity.

  1.  

Martin Basson

Rosedale Upington

Yes

The speaker mentions that from 2021/2022 no electricity statements were given and now there is no access to electricity. The speaker mentions that at a Council meeting they were told that they must now pay. There is no communication to the people on either of these matters from the municipality. The speaker mentions that the municipality as the middleman is causing electricity to be expensive. Recommends that the people buy the electricity directly from Eskom and this should be put in the Bill.

  1.  

Shaun Isaacs

Ward 02 Kaigariep Municipality

Yes

The speaker mentions that there are solar farms in Northern Cape and Namibia, but it is only South Africa that experiences loadshedding not Namibia.  The speaker mentions that there is a negative impact of electricity that is not restored fast enough on beneficiaries of South African Social Security Agency (SASSA) grants and the poor. The speaker mentions that this matter has been raised with Eskom, but it continues to not be addressed. The speaker mentions the issue of cable theft and supports that those who steal the cable must be arrested including those who buy the stolen cable – suggests 20 years imprisonment.

  1.  

Anna de Bruin

Women on Farms

N/A

The speaker mentions that the information on the Bill was only provided today to the community.

The speaker mentions support of the Bill provided that it address the concerns of the community. 

The speaker mentions that it is troubling that the Bill comes when there is no information and education on the Bill.  The speaker mentions that the members of the municipality and leaders should be in the meeting to hear the issues of the community The speaker mentions that the Bill side-lines the National Energy Regulator of South Africa (NERSA) which is a good thing because NERSA regulates electricity prices in its own way. However, the replacement of NERSA must address the community issues.  The cable theft issue must be clearly stated in the Bill and impose a 20-year sentence and those that are foreigners that are stealing the cables must be extradited and serve sentence and not return to South Africa.  The speaker asks what happens to the debt of Eskom with the change that the Bill suggests. The speaker mentions that the change that the Bill suggest must benefit the people and those that have done wrong in Eskom must be held accountable.

  1.  

Larry Hammer

Rabbonni Outreach

Ward 8 Kaigariep Municipality

N/A

The speaker mentions that there are areas in the community that do not have access to electricity for the last 25 years. The speaker mentions that he has addressed a letter to the President to raise the issues that have not been addressed by all levels of government regarding electricity access. Requests electricity access that was promised to the people be realised.

  1.  

Sylvia Tieties

Ward 10

N/A

The speaker mentions that the issue of lack of electricity access is a huge problem that has angered her and the community and asks for the President to be held accountable. She also mentions the challenge of cable theft and a need for this to be addressed.

  1.  

Goab Samuel Steenkamp

ANC

Yes

The speaker mentions that alternative must be explored with city engineers and that there must be a second generation of electricity.  The speaker further mentions that the municipality and Eskom must work together to ensure access to electricity to all, and that all the issues and concerns of the people are quickly addressed.  The speaker mentions that the blocking of electricity access should not be accepted as it is wrong and rather warn people before they block electricity.

  1.  

Phillipus van Wyk

Kakamaas

Yes

The speaker mentions that electricity is purchased directly from Eskom and when there is loadshedding the power is also off for him even though he does not buy electricity from the municipality. The speaker mentions that this is a problem

  1.  

Jan Esam

 

Yes

The speaker mentions the paying of R220 to municipality every month and if there is no payment the electricity is cut off. There is not anyone to assist or address this issue which is big problem in the community. It was also mentioned that the price of electricity is too high.

  1.  

Catherine Peters

Patriotic Alliance/ Kakamaas

N/A

The speaker asks why it is not possible to buy electricity directly from Eskom as she believes that the expensive electricity from the municipality is because of the fees owe by the municipality to Eskom which the people are paying for unfairly.

  1.  

Johanna Meyers

SMME’s Rep

Yes

The speaker mentions that she feels that she does not have a choice but to support the Bill so she will support. The speaker mentions that Parliament is failing the people because laws are passed without taking the community interests/issues in mind.  The speaker requests that the Bill as it stays the same so the people can monitor

  1.  

Meshack Mbangula

MACUA

N/A

The speaker mentions that the process is tick box as most of the speakers are discussing everything except the Bill itself. The people should be given the time to study and know the Bill before indicating support or rejection of the Bill.

  1.  

Elizabeth Williams

Kakamaas

N/A

The speaker mentions that she is in the public hearing to hear discussions about electricity that she has never received from government

  1.  

Lesley Basson

African National Congress (ANC)

Yes

The speaker mentions concerns of not addressing the Eskom debt and putting in place these changes which if left unaddressed will come back negatively on the community, the Eskom debt somehow must be addressed. The speaker mentions that the people must also pay for the electricity as it compounds the situation of the debt.

  1.  

Esther Spaanerberg

ANC

N/A

The speaker mentions that many of the people in attendance spoke of not understanding the Bill which must be addressed by Parliament. The Bill includes the infrastructure building for electricity that will take place in 20 years, and this is concerning as this is a long period. The speaker also mentioned concerns of the purchase of electricity which is not the same as the units which was promised to be changed to the amount bought that will equal the number of units.

  1.  

Anna Pita

ANC

Yes

The speaker mentions that she hopes that the Bill focuses on the poor and that it will be managed and implemented properly.  The speaker also mentions the price of electricity vis-a-vis the units available.  The speaker mentions that affordability is an issue in the community which the Bill must address.

  1.  

Themba Malan

ZFM District Municipality

Yes

The speaker mentions that the challenge sometimes is that the government will implement solutions and the community will boycott the solutions. The speaker mentions that the end of loadshedding must soon come as communicated recently on the television

  1.  

Marius Phillps

ZFM District Municipality

N/A

The speaker mentions that we have electricity issues in the country is because people do not pay for electricity. The speaker asks whether it is possible to charge more to businesses in order to subsidise the poor and indigent people.

 

 

Day 2: Northern Cape, Emthanjeni Local Municipality, De Aar Town Hall, 25 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Skhosana Kingsley Mosea

 

Yes

The speaker mentions the issue of cable theft and the need for the arrest of those illegally stealing the cables. The speaker asks for an understanding of loadshedding and what is causing it especially an explanation to the elder generation.

  1.  

Buyani Malini

Economic Freedom Fighters (EFF)

No

The speaker mentions that there is a number of solar farms in the area including turbines in the area, the speaker asks why loadshedding is also affecting the areas that use these alternative sources of energy.

  1.  

Anton Tobius

 

Yes

The speaker mentions concerns of loadshedding even though there is wind and solar farms in Northern Cape – therefore the speaker asks why there is still loadshedding

  1.  

Nontobeko Mkhontwana

Public Participation Co-ordinator

Yes

The speaker mentions concerns of vandalism of infrastructure and recommends that policing must be intensified around power stations. The speaker mentions that Eskom must not be privatised.

  1.  

Kenneth Chaso

 

N/A

The speaker mentions that he needs help as he is an orphan.

  1.  

Martha Booysen

Patriotic Alliance

No

The speaker mentions that the Bill must be scrapped. The speaker adds that the Bill will only benefit the rich and not the poor. The speaker mentions that in 2010 a solar farm was opened with the promise that this farm will assist with ending loadshedding – this has not taken place. The speaker asks that the Bill incorporates the solar and wind farms which are in abundance in Northern Cape to enable poor people to have access and afford electricity.

  1.  

Primrose Bushula

EFF

No

The speaker mentions concerns regarding cable theft in the community and recommends for it to be a criminal offence. Suggests 5 – 10-year sentencing including for the buyers. The speaker mentions concerns of the indigent policies that must be monitored to ensure that it is fair. The speaker asks whether it is possible to buy electricity directly from Eskom rather than municipality.

  1.  

Riluaan Smith

Democratic Alliance (DA)

    Yes

The speaker supports the Bill but with reservation. The speaker states that the Bill criminalises cable theft but does not criminalise those that participate in corruption.  The speaker mentions that there are challenges of electricity supply from other entities outside of Eskom such as from Independent Power Producers (IPPs). The speaker recommends that the cable theft sentence must be 15 years.

The state entities are failing the people and Eskom should be privatised in its entirety.

  1.  

Atta Maria Kock

Emthajeni Resident / ANC

Yes

The speaker mentions the loadshedding problem and asks whether it is possible to switch from Eskom power to alternative sources of solar and wind when loadshedding is supposed to take place.

  1.  

Jacqueline Elizabeth Jantjies

ANC

Yes

The speaker mentions the loadshedding problem and the confusion of the sudden changes of stages/levels of loadshedding. The speaker asks how this is the case and how it can be addressed because of the negative impact of no electricity.

  1.  

Mr. Bosman

SANCO

Yes

The speaker mentions that in ward 05 a substation was built, and the manager Mr. Brunt said that security needs to be employed there because when there is no electricity the power station is vandalised, and people cut the poles that distributes electricity illegally.

  1.  

Nosipho Carolina Kowo

ANC

Yes

The speaker mentions that Eskom does not alert people before electricity is cut for loadshedding.

The speaker also mentions that water is taken or rationed.  In both aspects people are still expected to pay, and the rates are very expensive.  The people are in deep trouble with this situation.

  1.  

Mzukisi Olifant

ANC

Yes

The speaker mentions that the salaries from the Community Work Programme (CWP) are too little and asks for an intervention. The speaker also mentions the lack of access to water and rationed water. The water that the community receives from Jojo tanks is not good as it causes diarrhoea, and the children get sick.

  1.  

Johannes Ally

 

Yes

Mentions that he used to work in construction and states that they installed the transformers in the community and there was no loadshedding after this.

The speaker mentions the Eskom Laboratory Enterprise and asks what happened to this entity, and what is happening with the Chief Executive Officer (CEO) of Eskom

  1.  

Bongiwe Patosi

ANC

Yes

The speaker mentions that Eskom should be assisted administratively by other companies/entities. The speaker mentions that when there is a housing development it should be in an area where there is a dedicated power station designated to provide power to the housing development. The speaker also mentions the need to include electricity education and skills so local youth can participate in the sector. The speaker mentions that South Africa is very rich in resources and requests that alternative ways to generate electricity be explored.

  1.  

Elrico Calvin van Rooyen

CWP

N/A

The speaker mentions that he cannot buy electricity as the meter box is burnt, and he has raised this issue, and it is yet to be addressed.

  1.  

Jackie Uithaler

NCOPF

Yes

The speaker asks whether it is possible for inverters to be put in individual households. The speaker emphases that implementation of interventions is very important and this should be communicated to the people.

 

 

Day 3: Northern Cape, Gasegonyana Local Municipality, Wrenchiville Hall, 26 October  2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Nkagisong Rori

South African National Civics Organisation (SANCO)/ Ward 6

Yes

The speaker mentions that previously there was a request to Parliament that Bills must come to the community from the very beginning and views from the start must inform the draft bill. Thus, it must not come as already a draft Bill.

  1.  

Boitshoko Moseki

SANCO/Ward 2

No

The speaker rejects the Bill because the community is experiencing a number of challenges including the cable theft which is mostly because of the youth unemployment. The speaker mentions that the community is hopeful that Eskom will provide electricity even though there is loadshedding issues that has impacted the community but there is a big risk to giving electricity generation, and transmission to private sector to provide electricity.  The speaker mentions that the youth unemployment is very high which causes vandalism and theft of electricity infrastructure.

  1.  

Mmoloki Seochawareng

SANCO/Mandela Park

No

The speaker rejects the Bill because Eskom has been an issue in the community and key issues have not been addressed for a long time.  The speaker mentions that cable theft has been an issue for a long time and asks why this Bill comes now to resolve this issue.  The speaker mentions that electricity access is a problem in the community because there are settlements that are new with electricity whereas the older settlements are still without and ask why this is the case.

  1.  

Sibongile

Ward 11

N/A

The speaker mentions that the community has a challenge with Eskom as the billing has changed. The speaker mentions that she is unemployed and cannot afford electricity which is problematic when the billing has changed.

  1.  

Itumeleng Mokang

Ward 2

N/A

The speaker mentions that the challenge is with electricity supplied by the Municipality, which is more expensive, does not become activated. Even after loading the electricity, and the units does not equal the money spent on electricity. The speaker also mentions that at some point the municipality stated that there is no electricity access because the municipality owes Eskom, but the people have paid for prepaid electricity and must get access.

  1.  

Cecilia Dithupa

Ward 2

Yes

The speaker asks who is currently hosting the public hearings as she has an issue that needs Land Reform. She states that there are people who are not allocated with water and electricity however they are living in areas that the Municipality says that must stay and live.

  1.  

Kegenogile Sarah

Ward 2

No

The speaker state that she understands that an amendment means an existing Act exists and therefore states that the people’s views should have been taken into consideration to see whether the current Act actually works. The speaker states that the Act was enacted in 2006 and NERSA was empowered to regulated electricity which the speaker states is a form of the private sector which has caused the problems for the community. The speaker mentions that private sector must be rejected, electricity must be a government mandate. She states that it is better to experience loadshedding than to not have any electricity at all which private sector will do or create for the poor people in the community. The speaker states that the next time Parliament comes, the community must be informed ahead of time of the hearings, and information on the Bill must be more than just a summary and people must be given time to study the Bill.

  1.  

Joel Comole Tlale

Ward 2

Yes

The speaker mentions that it is well known that there are electricity challenges in the country but the Bill shows that the there is a path/vision for improvement.

The speaker mentions that there is no electricity in Barbatus (area), that this challenge has remain unaddressed and some people have been blocked from public resources. This has caused serious challenges in the community, mostly elderly persons. The speaker states that SANCO has been the intervening body and requests Eskom to engage with them further to address the issue.

  1.  

Tshidiso Mulutsi

 

N/A

The speaker mentions the challenges of lack of electricity supply in the community especially for the elderly, children and persons with disability. The speaker therefore states that stable electricity must be implemented. The speaker mentions the same challenge for water, the roads etc. in the community and states that public service is very poor.

  1.  

Olebile Agosi

Ward 11

No

The speaker mentions that the state/government has failed the people. The speaker mentions that this Bill has failed the people on consultation as most were not aware of this public hearing and the Bill itself. The speaker mentions that Parliament coming to the community on this Bill re addressing the electricity issue is not for the people because the Bill talks about private sector and unbundling which will negatively impact the poor.

 

  1.  

Boitumelo Setunguane

 

N/A

The speaker mentions the issue of wild fires that impact on the electricity infrastructure and whether there can be mitigating factors for such.  The speaker mentions the issue of number of units vis a vis amount used to purchase of electricity from the foreign nationals – says there is a huge discrepancy that needs to be addressed.

  1.  

Orapeleng Maulelo

 

Yes

 The speaker mentions that the municipality is failing the people because the municipality rates and the price of electricity is much higher, and consideration must be given to people having the option to buy from the Eskom. The speaker mentions that Eskom distributes electricity differently based on the transmission lines and this impacts the end users.

  1.  

Boigotlo Gorogang

Ward 5

Yes

The speaker mentions that Eskom has ruined peoples’ daily lives, and the challenges are so far reaching, and Eskom never addresses these issues. The speaker mentions that the challenge of cable theft has been an issue, and no one is addressing this especially where there is hanging cables which still have electricity and dangerous to the people.

  1.  

Pulane Selemogo

Ward 15 Joe Moroleng

Yes

The speaker mentions challenges of electricity boxes installed in the community recently. The boxes require people to go into each other’s houses to load electricity units because it is not installed in each household. The speaker further states that the units and the money spent is not the same which is unfair because sometimes it is more than half that is taken by the meter box and less electricity as a result.

  1.  

Taolo Tsabang

Kaugung Ward 11

No

The speaker mentions that electricity is a basic human right and because of this rejects the Bill. The speaker emphasises that the government must stand up for the people and do what is right.

  1.  

Aobakwe Pitso

Allendale Joe Morolong

Yes

The speaker supports the competition that the Bill suggests in order to create some competition for Eskom and give the people better service. The speaker mentions that the amount purchased for electricity and the units received is very unfair and there is nowhere to complain or nowhere to go so competition will be good so people can go to a company that will better for the people.

The speaker mentions that he is pleased that Parliament has come to Northern Cape in Kuruman as not many people come to the province.

  1.  

Lorato Molale

Joe Morolong

N/A

The speaker mentions the challenge of units and that the units being less than cost/purchase price. The speaker mentions challenge of Eskom not being accessible to complaints by the community. The speaker asks for Eskom to investigate all the complaints and attend to issues of the people. The speaker mentions that the cable theft must be highly criminalised as it impacts the community.

  1.  

Tshegofatso Gaetshele

Joe Morolong Ward 01

Yes

The speaker mentions that the Bill represents the best interests of the people. The speaker mentions that it is the minerals that are used for electricity generation therefore asks whether it is possible to use alternative sources such as water, sun, wind etc.

  1.  

Thandi Keaketsi

Ward 02

Yes

The speaker mentions that the municipality and Eskom are inconsiderate to the people and do not address issues of the people. The speaker mentions that the electricity meter box has not been operating and that issue has not been addressed.

  1.  

Ruta Lepotlako

 

 

The speaker mentions that the challenges of lack of electricity

  1.  

Alexandra Mosea

Ward 02

No

The speaker mentions that this Bill was not properly workshopped, information was not shared, and Free, prior and informed consent (FPIC) was not applied, especially for the people in rural areas that still have no idea about the Bill. The speaker asks who this Bill is for, and the risk that this Bill is giving the country to private sector. The speaker states that the Bill shows that south Africa is not a country, but a business and president is not a president but a CEO. The speaker mentions that if the Bill is passed despite his rejection of it then the Bill must include that; the impact of loadshedding on the people must be compensated such as compensation for food that is spolit, appliances damaged etc. including when people who pass away due to lack of electricity, the people must be held accountable, and families must be compensated.

  1.  

Eric Mosemane

Ward 14

Yes

The speaker mentions that in his community when there is no electricity the clinic closes and people are suffering.  This is ward 14.

  1.  

Dimpho Thobega

Ward 14 Joe Morolong

Yes

The speaker mentions challenges with the meter boxes that are recently installed. The new boxes need electricity to load electricity and when it has a low batter no one can load electricity. The speaker mentions that there is knowledge of a specific area in the community when there is heavy wind the cables detach and hang loose from the poles and Eskom has not addressed this issue which is dangerous. The speaker asks whether this Bill will contribute positively to the community. The speaker mentions that loadshedding impacts the schools as well and learning stops as a result.

  1.  

Diane Kamanyane

MACUA/ Joe Morolong

No

The speaker mentions that time was not given to understand and read the Bill, nor was the public hearings properly advertised. The speaker mentions that the crisis of loadshedding is well known, and this Bill seeks to address this therefore the expectation was for people to be told properly before the public hearings. The speaker mentions that it is only with the interruptions of the Chair and guidance of the Chair during this hearing that has enabled people to be informed therefore how can Parliament states that public hearings are properly done and not tick box.

  1.  

Patricia Moruwakwi

Ga Segonyane

Yes

The speaker mentions that loadshedding has negatively impacted people’s lives and Eskom is the reason therefore the competition that the Bill suggests maybe improve the situation.  The speaker mentions that new meter boxes that are implemented are simply not working for the people and complaints are not being addressed by Eskom at all. It makes people think what the reason for these new meter boxes is because people pay and try and load electricity and cannot gain access to electricity so what is the point the speaker asks. The speaker mentions that the solar electricity in the community is R4500 and must be bough cash in full which is not affordable to many people.

 

 

Day 4: Northern Cape, Sol Plaatjie Local Municipality, Kimberley Town Hall, 27 October  2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Michael Besean

Thusong Advisory Center Representative

Yes

The speaker mentions that it would have been beneficial to have access to the full Act and compare with the amendments. The speaker supports the competition in the Act. 3.5.3 clause – the price regulation, the speaker asks for the Bill to bear in mind the unemployment rate in the country.

  1.  

Puso  Meruto

Rise Mzansi Provincial Organiser

Yes

The speaker understands and support the idea of competition but also raises the following concerns: Collusion vulnerabilities of price fixing and the looting of the already stressed state coffers.  The speaker supports the criminalisation of cable theft and infrastructure damage but mentions that the challenge of scrap yards keep popping up in the community. The speaker mentions that it is sad that the hall is empty especially because the electricity prices in Northern Cape, Kimberly are the highest in the country.

  1.  

Mane Ndumba

Platfontein

Yes

The speaker mentions issues of loadshedding in Platfontien which negatively impacts the community, and there has been a situation of young children stealing cables and harassing the elderly in the community.

  1.  

Lolinda Alfredo

Platfontein

No

The speaker mentions that most of the houses in Platfontien do not have electricity. The speaker mentions that most people go into the woods, and this sometimes causes fighting due to scares resources.

  1.  

Tlotlo Lobelo

ANC

Yes

The speaker mentions that the Electricity Regulation Amendment Bill is an urgent piece of legislation that is central to the joint efforts of business and government to solving our current electricity crisis we find ourselves in.  At the core of this Bill is the desire to create a competitive market. This will ensure access by all to the transmission and distribution of electricity as well. The speaker mentions that she feels that the transformation of South Africa’s electricity sector is long overdue. In this regard the amendment of the electricity act is vital. We support this Bill and need it to be passed as a priority.  The speaker welcomes the reforms to end the energy crisis once and for all as electricity is a basic human need as enshrined in the Constitution.

  1.  

Roaan van Zyl

OSHPROV/NOCCI

N/A

The speaker wants clarity on which government will be part of the privatisation, and whether business will be part of this process?

  1.  

Olebogeng Gaoratse

MACUA

No

The speaker mentions rejection of the Bill because there is no communication on the hearings and no information sharing on the Bill to effectively contribute.

  1.  

David November

 

Yes

The speaker mentions that the community is suffering specifically the cost of electricity. Therefore, the request is for Parliament to monitor this issue because it is unclear why or if Northern Cape is the only province that this taking place.

The speaker mentions that the issue of loadshedding is not communicated with the community therefore the community is complaining about the high prices of electricity and loadshedding.

  1.  

Rabecca Kapunda

Platfontein

Yes

The speaker mentions the challenge of the informal settlement in Platfontein where people are making illegal connections because there is no electricity in the community. The speaker mentions that when illegal connections are done other people will steal even the illegal connection because the community has no electricity. The speaker mentions that the community or area is very dark, and it causes many problems for the community members when there is no electricity.

  1.  

Khuliso Nesengani

Business Unity South Africa

Yes

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure

 

Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. We have identified a few changes which warrant attention, including the following:

 

Vesting contracts

Section 34B(5)(c)(ii) of the 2023 Amendment Bill provides that it is a function of the CPA to conclude vesting contracts with Eskom generators and/or distribution licensees to manage the transition to a competitive market. The 2023 Amendment Bill defines vesting contracts as a contract between the National Transmission Company South Africa SOC Ltd and an Eskom generator or a distribution licensee, for the sale of a specified amount of electricity at a specified price as a mechanism to facilitate the transition to a competitive market. BUSA needs an insight into the implications of the conclusion of vesting contracts. It is key that Eskom prices competitively, and that the competitive market is retained. If vesting contracts result in Eskom having a guaranteed off taker, while the private market does not, the competitive market is undermined. The Eskom generation price should be regulated, and the pricing of these contracts must be approved by NERSA. The addition of the words ‘as approved by the Regulator’ would provide clarity in this regard.

 

The Central Purchasing Agency (CPA)

 

Section 34B (5) refers to a CPA. BUSA questions how many central purchasing

agencies there will be. Should this be amended to the CPA? Section 34B(5)(c) of the 2023 Amendment Bill is inconsistent with the definition of the CPA, which states that this entity is only formed for the duration of the transition to a competitive market. The central Purchasing Agency’ is defined as an entity assigned to fulfil the role of the wholesale buyer to maintain system integrity during the transition to a competitive electricity market. As BUSA, we propose that the words ‘during the transition to a competitive electricity market’ be deleted from the definition, so that the CPA is not restricted to performing functions during the transition period.

  1.  

Gundani Tshikota

MACUA/WAMUA

No

The speaker mentions that the attendance is very poor. The speaker mentions that the Portfolio Committee on Mineral Resources and Energy (PCMRE) is conducting the hearings improperly, and providing the positive aspects of the Bill only, and tacitly encouraging people to support the Bill.  The speaker further mentions the press statements which only focus on the acceptance on the Bill and never touch on the negative aspects of the public hearings or those that reject the Bill. This the speaker states that that the Committee creates a narrative that the public hearings are going well, which is not the case.  The speaker asks what criteria the PCMRE uses to state that the people accept the Bill as with the hearing the organisation has attended there has been people who reject and are not captured in the press statements. The speaker mentions that the organisation rejects the electricity tariff provision which mentions risk commensurate with the licensing activities. The reason being that this will not enable poor black people to afford electricity.  The speaker mentions that the Bill does not address the gender impact that the electricity crisis brings. The speaker requests that the PCRME must be neutral and the press statement must reflect the actual event.

  1.  

Veronica Williams

Ward Committee Ward 21/Patriotic Alliance

N/A

The speaker mentions that the units available and purchase price is unfair and provides examples of when electricity is purchased in different stores the units differ although the cost is the same. The speaker therefore request the Bill to regulate this aspect.

  1.  

Rethabile Moloi

Rise Mzansi

Yes

The speaker mentions that the price of electricity is high, and the units are too low and does not sustain households for a month. The speaker mentions syndicates in the community which impact access and have illegal connections.

The speaker mentions that businesses specifically small businesses cannot sustain themselves with the electricity crisis.

  1.  

Glen Peter Lang

Sol Plaatjie

Yes

The speaker mentions that one must look at the gas sector because when electricity goes up so too does the gas. The speaker mentions that the Eskom tariffs are less than municipality tariffs. 3.10.2 – advertise of license application which may exclude commercial sensitive information. The speaker mentions that this should be relooked at because it could cause problems. 3.11 – applicants publish notice for license and objections. The speaker mentions that it is silent on how the regulator must deal with objections it just includes the timeline. 3.15.5 – the tariffs approved by the regulator in line with the license condition. The speaker mentions the practical context to say that in the community the Pakitsan shops pricing differs and not regulated even in certain cases where people call the shops after hours there is a fee that people pay.  The speaker further mentions that the issue of units and price paid for electricity, that it can be addressed if the administrative fee is communicated so people know what will be Glen and what will go to the company for administration. 

  1.  

Onthatile Namelang

ANC

Yes

The speaker mentions that communication should be more effective to ensure all voices are captured. The speaker supports the Bill because he believes the Bill attempts to address the electricity crisis.

  1.  

Reynold Jonathan Joou

Patriotic Alliance

No

The speaker mentions that there is so many technical terms and this can be confusing for the ordinary man on the street including himself, therefore rejects the Bill. There is confusion on who will administer the tariffs, the regulation and all therefore it is better to deal with the issue as it is now without further confusion. The speaker mentions that the electricity crisis is caused by Eskom therefore asks who is going to award the license to the companies and how will we make sure that the problems of Eskom does not continue and the stealing.

The speaker mentions that with private sector it is difficult to negotiate than with Eskom. Speaker gives an example of a private company (Karpowership) that has docked in the Durban shore that was intended to provide electricity and also provides electricity to other countries, when the countries did not pay the company switched off the electricity.  He illustrates that this could be what is awaiting South Africa with the competition that the Bill suggest.

 

 

 

6.6 Mpumalanga Province

 

 

Day 1: Mpumalanga, Ehlanzeni District Municipality, Ka Maqhekeza Community Hall, 02 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Thomas Nkuna

Ward 14 Mzini

Yes

Supports the Bill and further pleads that the poor, and elderly must be taken into consideration as this demographic of the community is suffering greatly. The Bill must therefore take into consideration the impact of electricity, both lack of access and pricing on the poor and elderly.

  1.  

Khuliso Nesengani

Business Unity South Africa (BUSA)

Yes

Definition of Direct Supply Agreement  

BUSA submits that although the 2022 and 2023 Amendment Bills introduce a definition of ‘direct supply agreement’ The definition excludes generators, traders, and the system operator as customers. The proviso to the definition must include generators and traders. The National Energy Regulator of South Africa (NERSA) should not regulate the prices of private generators or traders where these private generators or traders are selling to other generators or traders. It is further submitted that the definition should include the Central Purchasing Agency (CPA) and market operator.

Definition of Physical Bilateral Transaction

Amendment Bill defines a physical bilateral transaction as a “transaction entered into by generators, customers, and traders for energy production which involves the conclusion of a power purchase agreement through a central purchasing agency to meet demand and supply as required by the system operator”. BUSA is of the opinion that the term ‘physical bilateral transaction’ seems misleading in the context of the system operator balancing demand and supply. Are there no ancillary services because it is to stabilise the system?  Would distributors not wish to have these ancillary services? In a scenario in which the CPA procures electricity to balance demand and supply, is this bilateral?

 

BUSA further submits that the word ‘physical’ seems misleading and should be deleted. It is therefore proposed that the wording should rather be ‘national bilateral transaction’ or ‘public bilateral transaction’ because it has to do with national interests of balancing the grid. The definition should refer to the CPA, not a CPA.

Definition of Regulated Transactions

The 2022 and 2023 Amendment Bills introduce a definition of ‘regulated transactions’ as ‘transaction that requires regulatory approval or oversight, specifically where the exercise of market power is likely or evident (for example network charges). BUSA understood ‘regulated transactions’ to be transactions that have their tariffs set by NERSA. It is submitted that the definition is misleading because it could include any project that needs to be registered.  ‘Unregulated’ means private and bilateral, and ‘regulated’ means with a regulated entity like the central purchasing agency. This must be clarified.

 

Definition of Transmission Development Plan (TDP)

The 2022 Amendment Bill defines the TDP as the plan for the development of the national transmission power system referred to in sections 34(6), (7), 34(B)(3) and 35(3A) and states that the System Operator is responsible for the development of the TDP (Section 34(B)(2)). The 2023 Amendment Bill deletes this section, as well as the definition of the TDP. Provisions around the mechanics of the development of the TDP have also been deleted. The TDP is referred to in the 2023 Amendment Bill, but not by its defined name. BUSA recommends that the definition be reinstated with correct cross-referencing.

 

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. Below are changes that warrant attention:

(i) The role of the Transmission System Operator (TSO)

  • The 2022 and 2023 Amendment Bills propose the establishment of the TSO, which will manage the competitive multi-market. The TSO will be responsible for transmission planning, operation, and control of the transmission system and market. The role of the TSO is highly relevant and important for future electricity supply and regulation. Although the establishment of the TSO remains the same in both Amendment Bills, the functions of the TSO differ. The functions of the TSO under the 2023 Amendment Bill are less clearly delineated. Multiple functions (transmission expansion plan, forecasting, and dispatch schedules) that were included under the role of the TSO in the 2022 Amendment Bill do not appear in the 2023 Amendment Bill.

(ii)The day-ahead market

  • The 2022 Amendment Bill expressly proposed the introduction of the ‘day-ahead market,’ which is the platform for trading electrical energy. Market participants shall (a) trade energy in the day-ahead market; and (b) supply reserve capacity in the day-ahead reserve market. The introduction of a day-ahead market was a welcome addition to the 2022 Amendment Bill, as it assists in creating an open market of electricity trade in South Africa.
  • The 2023 Amendment Bill deleted express reference to a ‘day-ahead market,’ and the definition of the term has been deleted. However, section 34(B)(3)(c)(i) may be sufficiently broad to allow for the market operator to determine the market, which may include a day-ahead market based on what best ‘ensures effective and secure operation of the industry’ and the power to determine appropriate time scales. BUSA requests that there should be clarification regarding the meaning and scope of this provision.
  1.  

Vusi Nkosi

Ward Community Member

No

Does not believe that Independent Power Producers (IPPs) will support with the electricity challenge. Believes that Eskom and NERSA are colluding on electricity prices.

  1.  

Samuel Vusi Ngobeni

Ward Councillor 

No

Rejects the Bill, because he is concerned about who the investors are and what they will be doing, as the Bill is unclear. The concern raised is that in the community people complain of the price of electricity and the pricing may be higher with private investors referred to in the Bill. The speaker believes that those that have been looting Eskom are those that will be recognised as IPP’s with this Bill. Concerned about how this Bill and the IPP’s will impact the coal mines. The TSO owned by Eskom is concerning as Eskom is already struggling therefore how will this company be managed differently.

  1.  

Winne Mabila

African National Congress (ANC)

Yes

 States that since 2016 her community has not had electricity; therefore, the illegal connections have become the norm in the community. The request is for Eskom to enable access to electricity.

  1.  

Sindisiwe Madonsela

ANC

N/A

No electricity in Ward 9 therefore living with illegal connections which is the norm in the community. The request is for Eskom to enable access to electricity.

  1.  

Mhlongo Zakhele

ANC YL

No

Rejects the Bill because the speaker states that the Bill discusses the privatisation of Eskom which is rejected. The speaker states that the privatisation will result in Eskom not functioning much like South African Airways. Privatisation is a short-term solution to fixing the Eskom which in 10-15 years to come will negatively impact South Africans.  Since 1994 Eskom has been able to supply electricity to the people therefore it must be capacitated to do its job not partial privatisation.

  1.  

Nkopodi Mphahlele

Business Unity South Africa

Yes

See BUSA submission above.

 

  1.  

Vusi Nkosi

Community Member - Nkomazi

N/A

Speaker states that he does not support the privatisation of Eskom, the request is for Eskom to provide access of electricity to the community of Nkomazi.

  1.  

Steven Shabangu

 

Yes

Speaker supports the Bill but has reservations: Speaker state that there’s climate change considerations that must be taken into account. Renewables will be of great use in the electricity sector. Speaker also notes modernisation, industrialisation and new technology which indicates that times are changing and the old way of doing things cannot be the norm in the sector. Speaker mentions that Eskom requires competition in order to ensure that the electricity sector works to the benefit of the people of South Africa. The powers given to NERSA, specifically the tariffs, must be carefully managed to ensure that the end users still have electricity.

  1.  

Vasco Shabangu

Ward 07

No

Speaker states that the consultations should have followed a climbing ladder process which includes municipality, local and national consultation with people. This did not take place therefore the speaker does not support the Bill

  1.  

Nothando Magagula

Ward 14

No

Rejects the Bill because electricity is a big problem in South Africa and Eskom is known for being corrupt and looting. The concern is that the Bill with the privatisation will enable those looting to be legitimised and continue looting.  Speaker believes that working with Eskom will result in progress.

  1.  

Shirly Msimango

Likusasa Matsulu Business Forum – Ward 28

No

Rejects the Bill because the current situation is that the electricity at the Spaza shops pricing is not consistent and keeps changing. This is a big problem as not all can afford electricity. The speaker mentions that Mpumalanga produces coal which is used for electricity and coal must continue to be used to also assist the community that work in the coal mines.

  1.  

Justice Siboza

CLLR

No

Rejects the Bill because the indigent policy exists to give people free electricity which does not take place therefore the question is what exactly is taking place in Eskom. The illegal connections are taking place in the community as a result of Eskom ineffectiveness.

  1.  

Comfort Khumalo

ANC YL

No

Reject the Bill because Eskom must continue to do its job using the coal and power stations, and repair and maintain those that are no longer working. The Bill seems to try and introduce the green energy which other countries are forcing in South Africa to use with the new players which will impact the use of coal and the community of Mpumalanga.

  1.  

Sabelo Ngwenya

Ward 15 Maputo

N/A

The speaker moans the ineffective Eskom and the inability for the government to hold Eskom to account.

  1.  

Sibongile Mazibuko

ANC

Yes

Speaker supports the Bill, further mentions that the youth in the community with qualifications must be employed to assist the crisis that Eskom is in with the lack of electricity supply. In Mpumalanga with the abundance of coal, Eskom has the capacity to generate electricity.

  1.  

Joyce Mbuyane

 

No

Reject the Bill because the Committee that empowers Eskom should have included the community in the consultation before drafting the Bill to see whether the community has the ability to be a player to generate electricity and participate in the electricity sector.

  1.  

Elizabeth

 

Yes

Supports the Bill as it is.

 

 

 

Day 2: Mpumalanga, Gert Sibande District Municipality, Mayors Parlour Hall, 03 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Jay Sibanyoni

Ward 9 Community Member

Yes

Supports the Bill because Eskom has become a burden to the community and State, as seen with the millions of rands given and the people do not benefit. Therefore, the competition created by the Bill is supported. When private companies come in the operations will be using Eskom infrastructure, this ideally should mean that the money paid to Eskom will be used by Municipalities to fix the problems of electricity access.

  1.  

Palesa Tshabalala

ANC Member

Yes

Supports competition proposed by the Bill to enable better quality of life for women. The proposed amendments must ensure compliance and enable corruption proof provisions to ensure the people of South Africa benefit.

  1.  

Mankomo Mnisi

 

Yes

The separation of generation, transmission and distribution is supported to enable better access and it will enable accountability. NERSA regulation of tariffs which separates the business and residence pricing is supported. Adds that the Bill should encourage employment of the local youth.

  1.  

Mahlodi Rakitla

SACP

Yes

Specifically supports the Department of Public Enterprises (DPE) Eskom roadmap. Adds that the tariffs must be separated to ensure that business and residents do not pay the same rates. Speaker requests that the Department of Education includes skills training on electricity at school level.

  1.  

Sinethemba Mbatha

GMM

N/A

The speaker mentioned that the Bill is unclear regarding the subsidies to be provided to persons in rural communities requiring access to electricity.

  1.  

Philani Mngomezulu

MACUA

No

Consultation with the community for the public hearings was extremely poor.

  1.  

Faniso Nhlabathi

Chief Albert Luthuli Municipality

No

Eskom is capable and just needs to be capacitated enough.

  1.  

Khethukuthula Nkosi

ANC Ward 12 Mkhondo

N/A

Speaker states that the youth must be educated on illegal connections and the danger and risk associated with it. The speaker mentions that in the community the price of electricity is very high which has contributed to the illegal connections and electricity bridging. Speaker requests that Eskom installs additional transformers to ensure access to electricity

  1.  

Zethu Hlatswayo

Ermelo – NUM National Spokesperson/ MACUA

No

Rejects the Bill because electricity is already expensive, there is no access of electricity and therefore asks why Eskom is being sold. Adequate information, notice of the hearings and workshopping was not done therefore the Bill is rejected.

  1.  

Themba Zwane

ANC

Yes

Speaker supports, however complains that the community in Govan Mbeki has had electricity challenges since 2012. Speaker supports the open market and competition. The proposed changes will also create jobs. 

  1.  

Thulani Manana

MACUA

No

Rejects the Bill because consultation for the public hearings did not go well as can be seen with the attendance. Further adds that he as a resident heard about the meeting via social media instead of being told by the municipality as is the normal process. Speaker suggests that the public hearings must be redone to ensure proper consultation. States that Eskom privatisation will be a problem in the community.

  1.  

Sbonelo Mhlanga

Ward 9

N/A

Speaker mentions poor consultation prior to the public hearings. The speaker asks what the benefits of the proposed amendments are, further asks whether the same issues will persist even when the Bill is passed. States concern that new problems may arise with this Bill. States that if the Bill will not cause harm, then he can support the Bill, however if not then he will not support.

  1.  

Lucky Nkosi

 

N/A

Speaker asks what are the benefits of this Bill for Mpumalanga that houses the power stations specifically for the children.

  1.  

Thembinkosi Ndlovu

 

No

Rejects the Bill

  1.  

Meshack Mbangula

MACUA

No

Rejects the Bill

  1.  

Thulani Thomas Mahlangu

Govan Mbeki

Yes

Speaker supports the Bill and makes the following suggestions: Cable theft impacts all persons especially those differently abled. There are persons that require electricity to live and have mobility. Therefore, the cable theft must be dealt with effectively

  1.  

Themba Jele

Ward 15 Chief Albert Luthuli

No

Rejects the Bill because the consultation process was poor, information only came a day before and the Bill was emailed in the evening. Therefore, these public hearings cannot constitute proper consultation, therefore rejects the Bill.

  1.  

Miki Nkosi

Ward 13 Mkhondo Municipality

No

Speaker is concerned of privatisation and whether access to electricity will take place because electricity is needed.  The need for additional companies is also needed however the concern is the corruption in South Africa that most people are aware of and how this will impact the new companies. Speaker states that there should be a way for assisting Eskom without privatisation. 

  1.  

Vusi Khumalo

Ward community member

Yes

Speaker supports the Bill because Eskom will have additional companies to assist with electricity generation.

  1.  

Tselane Kuputsa

 

Yes

Speaker states that the additional companies to assist Eskom is welcomed as the loadshedding has increased. The cost of electricity is also very expensive and possibly competition will assist with lowering the price residents are paying.

  1.  

Themba Mavuso

Ward 16

No

Speaker mentions disappointment in the logistics of the public hearings which he states only had one taxi from Mkhondo – this limits participation which the speaker does not support. Speaker asks what has gone wrong at Eskom because the problem seems to be the Municipality that does not pay Eskom. Asks whether the privatisation will result in no loadshedding.

  1.  

Lungile Angel Maseko

Gert Sibande Ward Committee Member

Yes

Speaker states that in the community there is loadshedding by Eskom and load reduction by Municipality which is negatively affecting households in the community as the whole day could go without power with both processes.  The speaker mentions that the changes must take into consideration those that are not working especially the pricing of electricity. The speaker suggests that the Bill enables youth employment.

  1.  

Comfort Maseko

 

Yes

Speaker supports the Bill and further adds that not enough information was given to the public prior to the public hearings. The speaker asks whether the Bill enables Eskom to fix the electricity infrastructure. Does the Bill allow the Municipality to generate electricity? Further asks how the Bill enables the duties of market and system operator? The speaker requests that the education and skills training to enable young people to be marketable in the electricity sector.

 

 

 

Day 3: Mpumalanga, Nkangala District Municipality, Kwaggafontien Community Hall, 04 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Sophie Mtsweni

Ward 3 Thembisile Hani – Ward Committee Member/ African Transformation Movement (ATM)

Yes

Supports the Bill but does not agree with the establishment of a new company. Eskom has the framework to play the role required to produce and distribute electricity. Mines and other industries who are charged cheaper tariffs for electricity must be looked at. People can’t pay high tariffs for electricity, yet mines and other industries are charged less. Power stations must be maintained and serviced to provide power. When NERSA is deciding on the pricing of electricity, they must consider people which are dependent on social grants.

  1.  

Margret Mahlangu

Thembisile Hani Ward 3/African Transformation Movement (ATM)

Yes

See ATM submission above. 

  1.  

Tshepo Masilela

ANC - Ward 31 Thembisile Hani

Yes

Proposed amendments provide the necessary elements to incentivize competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply. Amendments, influenced by the Department of Public Enterprises’ Roadmap for Eskom in a Reformed Electricity Supply Industry, entail changes to Clauses 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by independent generators direct to customers and to change the current requirement for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised. Amendments further assign duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis. Electricity Regulation Amendment Bill is necessitated by the fact that the total generation capacity on offer through successive bidding rounds in the Renewable Energy Independent Power Producer Programme (REIPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Sfiso Msiza

Ward 11 JS Moroka/ South African Communist Party (SACP)

Yes

Speaker supports the Bill because of the introduction of competition in the sector. Emphasises that it is important for Eskom to have competition in generation, transmission, and distribution

  1.  

Immanuel Mahlangu

ANC Youth League (ANC YL

Yes

See ANC submission above. 

  1.  

Blatjie Mthimunye

Ward 16

Yes

Supports the introduction of competition of the sector which will improve the access of electricity and loadshedding.

  1.  

Tebogo Phehla

Ward 29 JS Moroka

Yes

Supports the Bill however asks whether this proposed change will impact on employment.

  1.  

Mashiane

Ward 6 JS Moroka

Yes

The speaker states that the Bill is good however has questions: Asks how the Bill will protect the poor consumers. How will the Portfolio Committee on Mineral Resources and Energy (PCMRE) protect people from the independent parties which are more focused on profit. The Bill must address the above two questions to protect the people. How are the prices going to be controlled? Currently the price increase is very high, and people complain to NERSA, but nothing takes places therefore how will the PCMRE protect the people.

  1.  

Nicholas Skhosana

Ward 31 / Traditional Leaders

Yes

Speaker supports the Bill because of the competition in the sector that the Bill proposes. The speaker mentions that the NERSA pricing and tariffs is a problem

  1.  

Nomsa Mtsweni Mahlangu

Executive Mayor – SALGA Mpumalanga

N/A

Speaker mentions that the submission will be done however for now mentions the following: In the beginning of the Bill, it is mentioned that certain sections will be removed which are not listed in the Bill which is not correct.

  1.  

Petros Jabu Sibayoni

JS Moroka SACP, / ANC/SANCO/ Siyabuswa Parliamentary Constituency Office

Yes

Speaker supports the Bill, however, mentions that the implementation must be done properly. Mentions that when NERSA decides on pricing and tariffs there is no hearing with the community, or the public engagement is virtually which is inaccessible to the people that will be most affected by the pricing. Speaker asks about section 7 and states that there is reference of a minister and the whole Bill speaks to 3 different ministers so which minister is empowered in s7 (1) (a) – (e) which discusses the terms of a license.

  1.  

Bongani Collet Sikhosana

Ward Committee Member JS Moroka Ward 14

N/A

Speaker asks how the distribution between the service providers take place. The speaker states that he asks this because some people experience loadshedding while other do not experience loadshedding. The concern is that the poor will be affected if this part is not fairly implemented. The speaker suggests that the community members should be able to determine which service provider can provide the distribution of electricity.

  1.  

Given Shabangu

Kwaggafontien PCO

Yes

Speaker supports the Bill however laments the logistical arrangements of the public hearings therefore provides some suggestions: Asks that the information is disseminated ahead of time. Workshopping takes place with the community.

On the Bill itself: The speaker supports the competition of the sector but suggestions that a committee must be establish the setting on tariffs and pricing, and to assist Eskom as a state entity. The Speaker also mentions that the stronghold of Eskom is the use of coal therefore this must remain untouched and work in line with renewables that is introduced by the Bill.  This will protect the current employment in the country and encourage new employment opportunities with the renewables.

  1.  

Victor Shabangu

SANCO – Ward 16

Yes

Speaker supports the Bill because the competition introduced by the Bill will assist the effectiveness of electricity supply.

  1.  

Mabovane Jiyane

Connections for Developing Communities Pty Ltd

Yes

The speaker supports the Bill because of the introduction of competition in the sector.

  1.  

Thandeka Skhosana

Prospect NPO/ Ward 26

Yes

The speaker supports the Bill and adds the following: Eskom is ineffective and does not respond to the community complaints and issues regarding access to electricity. Supports the introduction of competition as Eskom has not assisted in the community.

  1.  

Rose Kgomo

ANC Nkangala Ward 29

Yes

The speaker supports the Bill and states that addressing the crisis of Eskom is long overdue. Clause 3.20(3) (in the memorandum) the competition with Eskom must be as transparent as possible.

  1.  

Daniel Malebye

Chairperson of ANC Branch Nkangala

Yes

Speaker supports the open market as proposed in the Bill and asks for empowerment provisions of women and youth to be included in the Bill

  1.  

Bernard Vusi Mtshaise

Thembisile Hani Councillor Ward 24

Yes

Supports the Bill and states that Eskom should have long gone due to the crisis that has taken place and lack of access of electricity.

  1.  

Sibusiso Simelane (Written)

Ward 24 Nkangala

Yes

Proposed amendments provide the necessary elements to incentivize competition within South Africa’s electricity market and augment generation capacity which is currently below optimal or desired level to ensure security of energy supply. Amendments, influenced by the Department of Public Enterprises’ Roadmap for Eskom in a Reformed Electricity Supply Industry, entail changes to Clauses 1-30 that affect the entire electricity industry. Central to the proposed amendments is to create a competitive electricity market together with open transmission access. In other words, the Bill seeks to open the electricity market for the sale of electricity by independent generators direct to customers and to change the current requirement for electricity to only be generated by Eskom. As such, Eskom would compete with independent generators but will not be privatised. Amendments further assign duties, functions, and responsibilities of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd. This is intended to split the generation and transmission functions of Eskom and ensure that independent generators receive access to transmission resources on a fair basis. Electricity Regulation Amendment Bill is necessitated by the fact that the total generation capacity on offer through successive bidding rounds in the Renewable Energy Independent Power Producer Programme (REIPPP) is not enough to address urgent electricity shortages. Put differently, the REIPPP is not sufficient to bring about an adequate level of independent generators participation and generation capacity. In this context, the proposed amendments would bring about the desired level of competition and generate sufficient supply to resolve electricity shortages at the cheapest possible price.

  1.  

Orio Mahelwane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Baloyi Mogato

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Emmah T Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Malebo Hlungwane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

M Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Sbu Kgaladi

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Christina Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Alfred Mazibuko

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Pinky Mohlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Themba Masilela

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Vanessa Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Agnes Mokwena

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Queeneth Ntuli

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Lucas Ramashlela

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Lettie Ngobeni

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Ouma Leksau

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Sbongile Mokwena

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Zanele Nconqwane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Maatha Matseke

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Johannah Phetla

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Johannes Jiyane

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Bongani Jiyane

Ward 13 Nkangala         

Yes

See ANC submission above

  1.  

Jan Skosana

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Mabena Musawenkose

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Lettah Mahlangu

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Sfiso Sindane

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Shirley Sepagwena

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Egness Skosana

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Mandla Shabalala

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Zandile Mashiane

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Smangele Mashiane

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Nomangisi Nkabinde

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Emmah Masilela

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Nelisiwe Kabini

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

William Skosana

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Mukhethwa Musyuelele

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Moses Ntuli

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Martin Lehutja

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Thabang Nkoana

Ward 13 Nkangala

Yes

See ANC submission above

  1.  

Kenneth Mahluala

Ward 19 Nkangala

Yes

See ANC submission above

  1.  

Busisiwe Masango

Ward 13 Nkangala         

Yes

See ANC submission above

  1.  

Caroline Mtethwa

Ward 11 Nkangala

Yes

See ANC submission above

  1.  

Rebecca Mahlangu

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Simon Sinobana

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Johannah Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Lindi Mahlangu

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Thabo Masilela

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Bongani Masibuko

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Dumiso Mthembu

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Mongezi Meshabane

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Mpho Mashimaite

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Rose Masanabo

Ward 10 Nkangala

 

See ANC submission above

  1.  

Phindile Ntuli

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Martha Nkosi

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Sibongile Mahlangu

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Zodwa Mahlangu

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Elsie Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Maria Skosana

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Solomon Maila

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Cecilia

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Vusi Ntuli

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Hlope Skhosana

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Portia Kubheka

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Tshepo Kabini

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Sanna Ntuli

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Sibusiso Ntuli

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Tato Nkoana

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Ouma Molma

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Sinah Mahlepele

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Phumzile Skosana

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Siphiwe Ntuli

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Jim Mtsweni

Ward 7 Nkangala

Yes

See ANC submission above

  1.  

Armina Moyeni

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Thandeka Mofokeng

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Philip Msiza

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Maria Masimola

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Petrus Mbonani

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Wendy Mahlangu

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Gwezi Skosana

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Simphiwe Masanabo

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Zandile Mabena

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Johanna Makhubo

Ward 15 Nkangala

Yes

See ANC submission above

  1.  

Betty Jiyaua

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Stephen Nkosi

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Moses Masongo

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Maria Masongo

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Noel-Joel Modise

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Mxolisi Modise

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Dumazile Makhubu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Maina Rakgalakane

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Dumisane Shabangu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Ester Mahlangu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Bessy Masoga

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Sibongile Kambule

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Fuduka Mtshweni

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Fikile Mgayi

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Busi Sikhosana

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Dineo Mtsweni

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Thabo Mtsweni

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Margareth Sesoko

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Anna Maseko

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Maria Mahlangu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Danie Mashele

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Sthembiso Sibanyoni

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Themba Mtsweni

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Johanna Mahlangu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Bongani Buthelezi

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

January Mahlangu

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Alfred Motshiane

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Motjatji Meliah

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Ndala Z

Ward 17 Nkangala

Yes

See ANC submission above

  1.  

Thoko Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Bisiziwe Ndlovu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Themba Sibanyoni

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Sarah Minisi

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Thomas Mnyakeni

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Mavis Masonga

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Godfrey Mahlangu

Ward 30 Nkangala

Yes

See ANC submission above

  1.  

Abram Nhlapho

Ward 30 Nkangala

Yes

See ANC submission above

  1.  

Nompilo Theta

Ward 30 Nkangala

Yes

See ANC submission above

  1.  

Brenda Msiza

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Valentia Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Johannes Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Martha Thembi

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Nonhlanhla Sibanyoni

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Cynthia Ratau

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Julia Mokoena

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Thoko Mabena

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

David Mokoena

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Thembi Mtsweni

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Jim Nkosi

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Anna Mantja

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Sophy Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Mahlodi Moepi

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Gift Sithole

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Piet Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Ntombi Msiza

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Josephina Maswanganyi

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Tebogo Sikhaule

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Thembi Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Irene Masanga

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Mondlela Mahlangu

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Mathoma Ntuli

Ward 18 Nkangala

Yes

See ANC submission above

  1.  

Sinidibwa Mbalula

Ward 22 Nkangala

Yes

See ANC submission above

  1.  

July Ngobele

Ward 22 Nkangala

Yes

See ANC submission above

  1.  

Mpumi

Ward 29 Nkangala

Yes

See ANC submission above

  1.  

Nomvula Mnguni

Ward 22 Nkangala

Yes

See ANC submission above

  1.  

Julia

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Themba Matlala

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Jeanette

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Elsie Sbongile

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Ntokozi

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Rebecca Masuku

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Charles Mkhau

Ward 20 Nkangala

Yes

See ANC submission above

  1.  

Nthabiseng Mashfane

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Lucy Sikhosana

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Maria Kgobe

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Evelina Mokoena

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Selina Mokalapa

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Peter Mahlangu

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Sibongile Monkwe

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Leah Phahlane

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Promise Kutumela

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Malose

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Pretty Masilela

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Linkie Shabangu

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Andris Skosana

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Francina Buda

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Steven Mahlangu

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Kedibone Chauke

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Jack Makobe

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Precious Mohlala

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Ntombifuthi Mahlangu

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Macy Mmako

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Bawinile Mzobe

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Princess Mngomezulu

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Aubrey Molepo

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Frans Mabula

Ward 3 Nkangala

Yes

See ANC submission above

  1.  

Nomvula Maseka

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Busisiwe Kgoma

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

T I Skosana

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Nancy Ndala

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Edwin Hlongwane

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Tshep Molope

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Lebo Mlambo

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Sphiwe Mabena

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Meshack Mnguni

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Jona Tsege

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Lucky Lukhele

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Lehlohonolo Masemola

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Maria Malaza

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Tumelo

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Dipolelo Mampau

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Thandi Ntuli

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Monica Gumede

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Thembi Komane

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Nomthandazo Mahlangu

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Sibongile Masondo

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

LM Mokwena

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Thembi Simelane

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Diana Rapotu

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Merlen Motebele

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Sello Shilakwe

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Nomvula Mahlangu

Ward 2 Nkangala

Yes

See ANC submission above

  1.  

Bernard Mtshaise

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Zanele Skosana

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Rose Skosana

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Nhlanhla Thomo

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Busiswe Skosana

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Prudence Nhlapo

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Prudence Nkabinde

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Popp Masilela

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Sarah Ramoba

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Phumzile Mahlangu

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Simon Mabhena

Ward 27 Nkangala

Yes

See ANC submission above

  1.  

Annah

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Kenneth Sindane

Ward 28 Nkangala

Yes

See ANC submission above

  1.  

Thuli Sindane

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Rebecca

Ward 28 Nkangala

Yes

See ANC submission above

  1.  

Masongo

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Elijah Thulani

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Jabulani Kabini

Ward 10 Nkangala

Yes

See ANC submission above

  1.  

Elliot Jiyane

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Nomsa Dhlengalolo

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Nompumelelo Nkabini

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Sipho Mnguni

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Nokuthula Maloka

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Tsepho Matlala

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Aaron Jacobs

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Wiseman Skosana

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Thabiso Mahlangu

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Given Mtsweni

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Julia Masonga

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Dianah Mtshwene

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Lindiwe Motau

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Thembisile Mtsweni

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Regina Jiane

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Rose Skosana

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Poppy Mtsweni

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Soloman Skosana

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Bongani Skhosana

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Nabo Skhosana

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Patricia Ntuli

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Nokuthula

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Louis Mabena

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Thulisile Ntuli

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Sihle Mahlangu

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Fudiswa Masombuka

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Chantall Skosana

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Elijah Mahlangu

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Martha Mahlangu

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Mvelo Masilela

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Innocent Masilela

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Chegopatso Phala

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Elsie Mabona

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Johannes

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Thobile Jiyane

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Nokuthula Mtsweni

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Bongi

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Nhlanhla Kubheka

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Jabu Mabhena

Ward 31 Nkangala

Yes

See ANC submission above

  1.  

Lebogang Letageng

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Petrus Letageng

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Meriam Magagula

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Sima Chemepe

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Linda Msibi

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Sanele Mkuna

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Mkhonzo

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Class Jiyane

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Emily Mashinini

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Thabang

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Siphesihle Mahlangu

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Lindiwe

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Njabulo Motywala

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Mhloboto

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Johanna Buthelezi

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Sonto Mapo

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Sipho Napho

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Maria Duma

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

David Sabela

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Jessica Mokoena

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Maria Mahlangu

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Stephena Mabena

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Yolani Mashinini

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

James Matome

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Cathrine Rakgalakane

Ward 21 Nkangala

Yes

See ANC submission above

  1.  

Deneo Malope

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Anna Mgidi

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Solomon Masango

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Thembi Letshele

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Sarah Mahlangu

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Julia Aphane

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Lesley Matsefe

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Teressa Madisha

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Vincent

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Innocent Khumalo

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Nomphumelelo Mathubela

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Amos Mahlangu

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Stephens Themane

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Thelma Mahlangu

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Khelina Madonsela

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Sylvia Mareti

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Elijah Sithole

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Monica Nkuna

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Girly Nkoana

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Elizabeth Radabe

Ward 4 Nkangala

Yes

See ANC submission above

  1.  

Marobeni Ratshibvumo

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Rose Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Maggie Sithole

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Mavies Motanyane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Lerato Motanyane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Nomusa Motanyane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Sibongile Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Fikile Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Mukelani Nkosi

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Annah Mkhwanazi

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Isaac Motanyane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Thokozile Motanyane

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Elias Mahlangu

Ward 24 Nkangala

Yes

See ANC submission above

  1.  

Lindiwe Segokodi

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Maria Dlamini

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Elizabeth Masombuka

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Piet Mtsweni

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Lukas Mathebela

Ward 26 Nkangala

Yes

See ANC submission above

  1.  

Noluthando Skosana

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Annah Mthembeni

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Cathrine Shilane

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Phumzile Masilela

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Simon Masombuka

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Mokgedi Mashigo

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Queen Mthembu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Banele Mthembu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Nomphumelelo Mthembu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Betty Chili

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Thandiwe Masango

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Jerry Mahlangu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Dumisani Mahlangu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Lindiwe Skosana

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Thobile Masilela

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Mongezi Mthembu

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Comfort Sibiya

Ward 14 Nkangala

Yes

See ANC submission above

  1.  

Rose Kgomo

Ward 24Nkangala

Yes

See ANC submission above

  1.  

Poppie Mahlangu

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Linda Manyeke

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Linda Mahlangu

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Hlengiwe Ntuli

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Bridget Mahlangu

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Zondiwe Masilela

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Simon Kabiyi

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Rebecca Mndebela

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Shentshi Masilela

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

John Machava

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Balekani Jiyane

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Sibusiso Mabena

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Sarah Kgomo

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Masibiya Shabangu

Ward 25 Nkangala

Yes

See ANC submission above

  1.  

Thembelihle Nkosi

Ward 25 Nkangala

Yes

See ANC submission above

 

 

 

 

 

6.7 Gauteng Province

 

 

 

Day 1: Gauteng, Mogale City, Centenary Hall Krugersdorp, 4 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Master Push George

South African National Civics Organisation (SANCO)

Yes

The speaker mentions that SANCO is affected by the transformers and electricity infrastructure that is being vandalised. Eskom states that they must now pay R500 in order for the transformers to be fixed, thus Eskom assumes the reason for the explosion of transformers is because of the residents. The residents on the other hand are saying that because of the growth of the areas, transformers cannot carry the increased load. The speaker mentions that the law must be implemented to arrest the cable thieves and those that own the scrap yards and sell the cables.  The speaker mentions the need for the National Energy regulator of South Africa (NERSA) to monitor the pricing of electricity.

  1.  

Tumisang Sekonela

Cooperative Governance and Traditional Affairs (COGTA) Development Worker

N/A

The speaker states that this Bill speaks about the unbundling of Eskom and asks how the unbundling will assist the people who are poor and vulnerable. The speaker asks how NERSA will help the community and ensure that the pricing of electricity is affordable.

  1.  

Musa Msimango

Vuka Darkie Economic Reform

N/A

The speaker mentions that he cannot support or reject the Bill as he has a number of questions. The speaker asks about the sentencing of the cable thieves and whether it will be for the person stealing or the person selling the stolen cables?  The speaker asks whether the police will be well capacitated to deal with the criminality of the cable theft. 
The speaker mentions the problem of partial blocks (stepped up tariffs) and states that NERSA must as the Regulator intervene as it causes the number of units being very different to the amount purchased for the electricity. The speaker mentions the issue of red tape for Independent Power Producers (IPPs), and issue of construction mafia impact for local business and asks how the Bill will empower NERSA to assist local business.

  1.  

Patricia Rabanye

Mining Affected Communities United in Action (MACUA)

No

The speaker mentions that the process of the public hearing is unsatisfactory as there was supposed to be workshops prior to the hearings not as was done only on the morning of the hearing – the speaker was referring to the Chairperson’s introductory remarks. The speaker states that the Bill supports the rich and will not benefit the people. The speaker mentions that NERSA as the Regulator has failed the community with very high electricity prices that people cannot afford.

  1.  

Lucky Tladi

 

N/A

The speaker mentions that the Bill does not speak to the indigent community.

The speaker mentions that the licensing is for politicians and for the rich not for the community or local business. The speaker mentions the need for copper cables to no longer be sold in order to stop the theft of cables which impact electricity. The speaker mentions that unemployment is very high which causes the illegal connections and cable theft to be high. The speaker mentions the need therefore for government to provide jobs or to enable the local people to work with Eskom .

  1.  

Cornelius Makumsha

Ward Committee

N/A

The speaker asks whether the additional electricity is photovoltaic (PV) system and whether it is included in the Bill, and if so how will it be introduced in the townships or specifically the small business which are greatly affected by loadshedding

  1.  

Moreko Mokwala

African National Congress (ANC)

Yes

The speaker asks how NERSA as a Regulator will they ensure that those stealing infrastructure will be arrested and prosecuted without the necessary law enforcement powers. The speaker asks regarding section 4 on the value chain of electricity – how will participation be  sourced from various players in the competitive market. It is not clear how the value chain will be as productive, assist the poor and grow the economy. The speaker asks about the capacity for local businesses to become license holders – asks whether there are any funding opportunities for those who want to enter the market.

  1.  

Judith Molutsi

Ward 13 Kagiso

N/A

The speaker mentions that the attendees are not well informed on the Bill to participate in the hearings meaningfully.  The speaker asks what exactly is causing loadshedding and people should be informed on this if we are to contribute to a Bill on Electricity. The speaker mentions that the workshops were not conducted

  1.  

Ida Lephatsi

 

N/A

The speaker mentions that workshops should have been conducted prior to the hearings. The speaker mentions that the cable theft is a huge issue and suggests that the cables should be aluminium and not copper. The speaker mentions that the Bill is for the rich and not for the people therefore cannot be supported.

  1.  

Maxwell Gwenshe

 

No

The speaker mentions the area which he resides on only had electricity installed 3 years ago however the cables used are valueless. The speaker asks whether there is supposed to be a difference between formal and informal electricity infrastructure and access. The speaker mentions that there must be a uniform way of the infrastructure used.

  1.  

Martha Tladi

Community Development Worker (CDW)/Kagiso Ext 12

N/A

The speaker mentions that workshops were held in the wards by the Parliament official Zelda. The speaker mentions that in Ext 12 there needs to be an intervention as Eskom operates by itself and it is not working therefore the competition is welcomed. Specifically, the local business that work within the solar energy space can assist Eskom. The speaker mentions that Eskom may continue with the electricity generation but the management, accounts, pricing etc. must be done by another entity/company

  1.  

Tebogo Mathibela

Ward 11 Committee Member

N/A

The speaker mentions that the community has big challenges with Eskom and electricity access in Mogale city.   The speaker mentions that the community is suffering as a result of poor leadership and lack of communication with the people.

  1.  

Sipho Ngwetsheni

Business Centre Ward 10/ AZAPO

No

The speaker mentions no support of the Bill as it will not assist the poor black people and those that are marginalised. The speaker also has an issue with NERSA and states that the Regulator always approves the increase. The speaker mentions that IPP’s are focused on profit and it is the role of the State to provide electricity and allowing this Bill will enable the private sector to dominate the electricity sector to the detriment of the poor people. The speaker mentions that there are people in Kagiso that have not paid electricity in 2 years and if the Bill passes then the situation will be worse. The speaker mentions that cable theft is wrong and it is stealing therefore there must be laws that speaks to this.

  1.  

Refilwe Morake

Ward 13 Kagiso

N/A

The speaker mentions that the communities were not workshopped on this Bill in preparation for the hearings. The speaker mentions that there is a need for Eskom to have competition. The speaker mentions the need for NERSA to assist Eskom on how to manage their infrastructure.

  1.  

Zamokulunga

Carltonville Ward 5/ MACUA

No

The speaker mentions that no workshopping was conducted. The speaker mentions that people are given RDP’s but people are unable to pay for electricity due to unemployment. The speaker mentions that the loadshedding issue seems too controlled or is man-made because for certain events like world cup there is no loadshedding. The problem is that when there is loadshedding the cable theft is very high. The speaker mentions that the cable theft is as a result of the unemployment and poverty. The speaker mentions that the electricity needs to be managed by Eskom and not the municipality because the municipality is not coping and the units available is always less than the purchased price.

  1.  

Thabo Letlonyane

Ward 22 Merofong

Yes

The speaker mentions the issue of loadshedding and load reduction which causes the community to not have access to electricity for long periods of time.

Load shedding is from Eskom and reduction is from municipality so the Bill must intervene and assist between these two different situations. The speaker supports that cable theft must lead to jail sentences and fines, the speaker adds that the Bill must also enable those who assist to catch the thieves to be given rewards or compensation.

  1.  

Sicelo Wiseman

Ward 5

N/A

The speaker mentions that workshops were conducted, and that he understands the Bill. The speaker mentions that less than 10 people attended the workshop therefore the community must first respond to why they did not attend the workshop. The speaker mentions that there are people that have not had electricity for years due to the destruction of the transformers. The situation is worsened by the fact that Eskom has subsequently then fined the people for the damaged transformers.

  1.  

Princess Setlhare

Ward 37

N/A

The speaker mentions that there are many issues regarding the electricity. The speaker mentions that Eskom has instructed people to pay R600 after an audit finding that people have been buying electricity illegally, however the speaker mentions that many of these people were not even aware that the electricity is illegal.  The speaker mentions the need to have prepaid meters installed.  The speaker mentions that the cable theft in the community is very high, and the problem is that when the community reports that cable is stolen at Eskom, the community is turned away and told to make an affidavit. This becomes a problem as you need a case number to produce an affidavit.

  1.  

Molepe Morane

Ward 6

Yes

Mentions that there are about 70 transformers in Kagiso. The Speaker has been in and out of Randfontein Office Branch, the manager there is very arrogant, including Mashudu. Transformers are not being serviced. Suggest redeployment of Nokuthula and Mashudu. Over 60% of the people have damaged transformers. On 10 September 2023, the speaker reportedly attended Energy Indaba – Premier mentioned that he would ensure there is flat rate of R350 for electricity. The speaker wants this to be included in this Bill. 

  1.  

Lebogang Kotosi

EFF

N/A

The speaker mentions that reports were made to Eskom about the leaking transformers. The speaker mentions that NERSA must work for the people and engage with Eskom on this aspect. Additionally, NERSA needs to specifically assist the elderly and child headed houses to have access to electricity.

  1.  

Elvis Kgwadi

Ward 23

No

The speaker mentions that the issues with Eskom and the Bill does not take into consideration the poor people. The speaker asks for an intervention on the Eskom office in Randfontein. The speaker mentions the problem of illegal connections and cable theft. The speaker mentions that for RDP’s the electricity transformers are capped at a certain kilowatt, however this cap is too low for most homes as the people have additional people in the house or renting which Eskom will not have knowledge about because the transformers are the ones from years ago.

  1.  

Dalikhwezi Mvala

MACUA

N/A

The speaker mentions that there is no diversity in the public hearings which is an indication  that electricity seems to affect certain people and not others.

 

 

Day 2: Gauteng, Soweto, Pimville Community Centre Zone 4, 5 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Ntando Khoza

ANC

N/A

It essential that for all government Bills or programmes to begin to locate whatever topic with the National Development Plan (NDP) with a view to allocate Government thoughts/programmes or Bills within the greater context of re-engineering social contract with the people of South Africa. This allow Government to speak with focussed understanding that the Bills or programmes are towards achieving the preamble of the Constitution of the Republic. Energy security as envisaged in the NDP makes not only access to energy security but affordable reliable energy a necessity.

 

Clause 5:3.5.3- the additional duties of the Regulator to regulate process not only for competitive purposes but the pricing must take into account that by and large South African majority are poor and pricing must be sensitive to the economic struggle of the populace not only be industry competitive.

 

Clause 3: Amendment Section 3 also read with 3.18.2. We propose creation by the Regulator the separation of production of energy companies. For ease of reference, we propose the creation of Eskom 1 and Eskom 2.  Eskom 1 would generate electricity through coal and nuclear. Eskom 2 would focus on green energy.

 

The purpose of this separation allows not only the Regulator clear sight of cost production in how it affects the industry and consumer. It speaks to greater transparency to the debate of hydrogen economy if it is viable economy for South Africa to deploy not only limited resources but human capital. It goes without saying that the proponents of green energy are not only the major polluters and contributor to carbon dioxide but in their country, they have reverted back to what they call dirty energy. The Bill should seek to not only observe the end cost pricing but the input cost.

 

The energy unit cost must also factor in the tariff/levy each municipality adds onto the consumer. The Regulator must have the sole discretion to determine the municipal administrative cost. This levy must be ring-fenced from the kilowatt cost from Eskom for the purpose of ensuring municipal managers do not use energy generated cost as part of a normal cashflow municipal income. Eskom tariff fee must be for the sole purpose of funding the energy generation fee. The consequence as played out through the breath and length of municipalities results in dysfunctional municipalities further exacerbating non-deliver of basic services. The Regulator ability to set the tariff allows or forces the municipalities to budget appropriately.

 

Clause 12:3.12.2 propose that the Bill have a punitive consideration if the Regulator fails comply with the 30-day period, he must face punitive measures which are levied by the proposed Adjudicator. Such measure must be stringent enough to ensure compliance by the Regulator office to ensure that the business of Government is not affected by administrative blunders.

 

Clause 10:3.10.1 there is an alignment process within the Presidency as to the future of State-Owned Entities (SOEs) and reporting lines. Section 10:2(d) requires further processing as the Presidency has created two functionaries that report to the Presidency on energy security. This clause needs urgent attention.

 

3.10.3 we believe that insertion of 10(3) confidentiality has to take into consideration Protection of Personal Information Act, 2013

 

Though not highlighted in the memorandum of the Bill, the destruction of State Infrastructure Assets must be moved away and be dealt with from a common law to Critical infrastructure Protection Bill and be dealt with as Sabotage Act General Laws Amendment Act No 76 of 1962.

 

The proposed Bill on Critical Infrastructure Protection Bill: Designation of inspector refers to inspectors being at a level of warrant office. We believe that this designation does not fit the seriousness of the infrastructure damage and its consequences. We believe that this should require an officer above the Warrant Officer as an inspector which speaks to only years of service but experience within the police force in combating crime.

 

 

  1.  

Keabetsoe Malebo

Community Leader

Yes

The speaker mentions late communication regarding the public hearings and that the hearings are on a Sunday and the Soweto Marathon is taking place which is an inconvenience. The speaker asks for the meeting to rescheduled as a result. The speaker mentions the issue of infrastructure vandalism which is something the community has been fighting against for 5 years with no assistance from Parliament. On 18 April 2022 there was a shooting when the community was standing against community vandalism.  The speaker asks whether there will be a community settlement plan as with the informal housing crisis continuing and expanding, so too are the illegal connection therefore electricity access is compromised. The speaker asks that cables in the community be put in a tunnel rather than the current spider web format which enables easier cable theft.

  1.  

John Mkhumbuzi

Ward 118

N/A

The speaker mentions that Minister of Electricity and Minister of DMRE and Minister of DPE and asks whether the Portfolio Committee on Mineral Resources and Energy (PCMRE) represents all three departments for this Bill.

The speaker asks about the impact of the unbundling on the bail outs given to the Eskom. The speaker asks what will happen to the workers and the sub-contractors of the sector with this new market. The speaker asks whether the community will be able to buy shares from the new entrant companies.

  1.  

Ephraim Motsie

Orange Farm

Yes

The speaker mentions the Bill does not speak about what processes people must take in order to obtain electricity, and what to do when the transformers are damaged and need to be replaced.

  1.  

Lerato Anthony Moloi

Ward 06

Yes

The speaker mentions that there is an issue of tariffs.  The speaker mentions that currently the tariffs do not work for residents in the informal areas. The rates are different from those in urban, and very similar to those paid by the business industry. The speaker mentions that there is a need for the knowledge of the informal settlement areas usage and circumstance of the people living there in order to make access and affordability fair. The speaker mentions that the Bill must state that electricity generation is located in each province and that each province must generate its own electricity for its own usage. As it is currently unfair for those provinces that do not have high usage of electricity. The vandalism of infrastructure must be criminalised.  

  1.  

Floyd Balekile Ndlovu

Pimville – Born Blind Production

Yes

The speaker asks whether NERSA can enable access to generators and/or borrow generators to community members when cables are stolen. The speaker mentions that the meter boxes exploded in the community, and this has caused Eskom to inform the community to fix the boxes which the speaker finds unfair.

  1.  

Emily Lephasa

Block Committee Member

Yes

The speaker mentions that in the community the infrastructure of electricity is poor for example the transformers cannot withstand the number of people in households and the community at large. The speaker mentions that the community wants to pay the rates for electricity but are not given this option due to poor infrastructure.

  1.  

Luvuyo Gape

Zone 12 Sefako Makgatho/ ANC

Yes

The speaker mentions that the debt of residents to Eskom and municipality is not addressed in the Bill or hearings. The issue of illegal connections results in disasters therefore there is a need for camera or security system that protect the infrastructure. The speaker mentions clause 14 and asks if there will be regulation of a standard rate. Asks why NERSA is not present in the hearing to explain themselves.

  1.  

Muzi Hlongwane

ANC

Yes

The speaker mentions amendments on page 14. – speaker just cited the amendment and did not indicate support, rejection or additions. The amendment of 27 – again speaker just cites the amendment and did not indicate support, rejection or additions. The speaker mentions that the monopoly of Eskom must change to allow for the competition therefore supports the Bill in this regard. The NERSA as regulator must monitor pricing to ensure it is not exorbitant.

  1.  

Khayizen Mabasa

Ward 22/ ANC

Yes

The speaker mentions that community is not truthful about the meeting – that information was shared. The speaker mentions that cable theft must be seriously addressed with harsh punishment. The speaker also mentions the need for the community to take responsibility to secure the infrastructure and report the people known to steal cables to the police. The speaker mentions that purchase of electricity is challenging because the units are not equivalent to the amount paid for the electricity. This must be explained to the community, so it is understood why this is case.

  1.  

Thato Sekgoele

Ward 60

Yes

The speaker mentions the need for nuclear and the current Bill to be complementary to each other in order to ensure diverse energy mix and secure the electricity baseload of the country for secure energy supply. The speaker mentions the need for nuclear energy management.

  1.  

Thabang Moloi

 

N/A

The speaker mentions concerns of commenting on the Bill regarding electricity when there are communities that have had no electricity for four years.

  1.  

Phindile Khoza

Ward 22

N/A

The speaker mentions various concerns on the Bill therefore cannot support or reject the Bill. The speaker asks that with the competitive market, will the poor and unemployed be protected. Asks whether the IPP’s know of the capacity and the usage of electricity specifically in the townships where up to three generations live in a single household. The speaker asks whether it is possible for State Owned Entities (SOE’s) to be the gatekeeper and not have different private companies managing the electricity sector.

  1.  

Franceinah Mbaduli

ANC Women League

Yes

Supports the open competitive market. The speaker mentions that 3.5.3. regarding tariffs and states that in relation to this Eskom wanted an increase of 35% which was going to hurt the vulnerable community therefore there is a need for the regulator. The speaker therefore supports this amendment. Clause 16 regarding the licensing conditions is also supported.

  1.  

Bawinile Shongwe

Pimville Zone 1

No

The speaker mentions that communication about the meeting was done via WhatsApp group of the Ward on Thursday which is not enough time.  The speaker mentions the need to use various platforms to communicate the public hearings. As a result, the speaker states that she cannot support the Bill until such time as she has read and understood the Bill.

  1.  

Hosia Ramodike

Community Member Zone 3 Pimvile

N/A

The speaker mentions that he is one of the residents that has had no electricity for 4 years. He states that this has been an ongoing issue and failed to get assistance and therefore requests assistance from the PCMRE to intervene.

  1.  

Raynett Moabi

ANC

Yes

The speaker mentions that the additions she can provide is that the offences and penalties are only dealing with infrastructure damage in the Bill but there is a need to for the Eskom themselves to protect their own infrastructure. The speaker further mentions that the cable theft may be an inside job because the infrastructure is said to be protected by Eskom therefore if the theft is still taking place it must be in the purview of Eskom. The speaker mentions that the Bill must ensure that Eskom comes to the people and engage with the people on a regular or certain basis to account to the people

  1.  

Kgotlello Mogojane

Zone 3 Pimville

N/A

The speaker mentions her dissatisfaction at not having Eskom and NERSA at the meetings as the Bill also impacts them. The speaker mentions that the scrap yards are buyers and sellers of the stolen cable and are included in the stealing of the cables. The request is for these scrap yards to be removed. The speaker mentions that it is not the responsibility of the residents to protect the electricity infrastructure it is the job of Eskom, and they must do so.

  1.  

Aubrey Setshedi

ANC

N/A

The speaker mentions that a similar meeting in 2018 and is disappointed at not having Eskom here at this meeting as he was expecting feedback from the previous meeting. The speaker mentions that Eskom is not doing what is it is supposed to do, there are areas that have not had electricity for 4 years. The speaker asks that consensus to be reached at the current meeting which calls for Eskom to come to the community and account. The speaker mentions that outdated infrastructure is still being used and that has not improved which the speaker asks to be monitored by Parliament. The response rate in Soweto is very slow from Eskom regarding electricity issues. The speaker mentions that cable thieves or those that damage the Eskom infrastructure must be jailed. The speaker asks for the Bill to accommodate the vulnerable and the poor. The speaker mentions that there is this growing topic of city power taking over from Eskom for Soweto, and asks if this in fact the truth.

  1.  

Ellen Makoua

ANC

N/A

The speaker mentions that various media platforms should have been used to advertise the meeting and educate the people on the Bill. The speaker mentions that there is an old power station in the area however there is no knowledge on what the operations of the power station are. The speaker mentions support for NERSA as the regulatory body.  The speaker mentions that damage to infrastructure must be criminalised but also mentions that the police may possibly be involved which makes it difficult for the community to report the criminals. The speaker mentions the need of monitoring and evaluation of the work of Eskom operations because without it causes conflict in the community.

  1.  

Mr. Steenkamp

 

No

The speaker mentions that the Bill is a failed opportunity, and this Bill does not speak to a just energy transition, low carbon economy therefore it is disconnected to all other legislation in the space. Section 20 8.5 which seeks to have diverse energy sources is the closest to address just transitions. The question is that is this different energy sources or the diverse IPP’s.  The speaker mentions that the Bill is cementing the unbundling of Eskom and will not assist the poor or achieving just transition aims The Bill does not address energy poverty, climate change or any of the important aspects of this country.  The speaker asks when the Bill will be signed and asks whether workshops were held for the community. The speaker mentions that this process is tick box exercise.

  1.  

Issac Raulani

Orange Farm

Yes

The speaker mentions concern of unbundling of Eskom, the Bill also mentions that the transmission will be wholly owned by Eskom which presents a problem for communities as the Eskom will continue to operate in the way it currently does which is disconnected from the community. The Bill mentions that minister must consult but the NERSA is not required to consult with any one which is a problem. This is a challenge, and the NERSA must consult and must be accountable to someone. The speaker mentions the need for report back to the community from this process.

  1.  

Richard Mandla Mbele

ANC/ Ward 3

N/A

The speaker mentions the issue of dispute resolution (ADR) in section 4 subsection b and welcomes the arbitration aspect for disputes with the regulator. The timeframes to act in the ADR must be faster and the jurisdiction for this must enable the community to respond and participate.

  1.  

Thandazile Khanyi

Moletsane Soweto

N/A

The speaker mentions abnormal loadshedding schedule in the area. The speaker mentions that Parliament needs to report back to the community on the Bill after hearings, furthermore information must be given prior to the meeting with sufficient time. The speaker mentions the need for unemployment rate to be addressed because the cost of electricity is far more than the grant given to the community.

  1.  

Mashudu Phenememe

SANCO

N/A

The speaker mentions that the decisions must be taken by Eskom for the challenges of electricity to be addressed and it must be explained how the people in Zone 14 will be engaged moving forward. The speaker mentions that there needed to be workshops and feedback from previous engagement which were held previously so we start from the right point.

  1.  

N. E Daemane

 

Yes

The speaker mentions that there is a need to protect the infrastructure and various strategies must be put in place to manage this.

  1.  

Tsholofelo Mogwerane

SANCO / Ward 100 Cosmo

N/A

The speaker mentions that the community has a big problem with infrastructure.

The speaker mentions the challenge of meters not being installed. The speaker mentions the challenge of not having electricity and this process asking for comment on the Bill on electricity.

  1.  

Cynthia Tshoale

MACUA

N/A

The speaker asks how she can respond to the Bill when she has no electricity.  This has been the situation for small farms in Sedibeng for 6 years, this is an ongoing struggle. The speaker asks for Sedibeng to receive the attention of Parliament for urgent intervention in the area.

  1.  

Bheki Pule

SANCO

N/A

The speaker mentions the challenge of buying electricity from the spaza shops which the meters do not register units or these units are not recognised by Eskom.

  1.  

Teboho Sebakeng

ANC /Freedom Park Ward 119

N/A

The speaker mentions support of the competitive market as this will possibly assist in enabling electricity accesses. The Bill must also speak to the people who cannot afford electricity and how they will be catered for. The speaker mentions that the supply of electricity with the current transformers must be looked into and information must be provided so all know what is possible for electricity transmission.

  1.  

Nomaswazi Mhlanga

Alex PCO/ Ward 105

Yes

The speaker mentions that the Bill attempts to address the issues citizens are currently facing. The speaker mentions the need for time to discuss the Bill. The speaker mentions support of NERSA to perform all ADR functions. The speaker supports the new entrant to the market but is concerned about whether the country is ready for this new market. The speaker mentions the need to prepare communities of the new market with information and capacity building. The offenses and penalties must be extended to those who are buying not just those found vandalising infrastructure, and the penalty must be more than 10 rather than just 5 years as suggested in the Bill. Speaker welcomes the unbundling, but can the implications be explained. The speaker welcomes regulation of the tariffs. Clause 3.16 must be the regulator and Minister jointly regarding the licensing conditions and removal.

  1.  

Nhlanhla Mayisela

ANC / Ward 47

N/A

The speaker mentions concerns in the process of the public hearings. The speaker mentions that as the Bill introduces the new market of competition then the competition commission must be mentioned. The speaker mentions that the Bill is not pro poor. The speaker asks for some time in order to discuss the Bill and make submissions via different channels. The speaker mentions concerns of coal which under the just transition there is a movement away from this as an energy source however the international community is still buying coal from South Africa.

 

 

Day 3: Gauteng, Benoni, Actionville Community Hall, 6 November 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Mzukisi Masokolo

Ward 53 Thokoza

Yes

The speaker mentions the need for enforcement in the Bill for the protection of infrastructure. The speaker mentions the need for the Bill to provide for the people and the protection of the people particularly where the infrastructure of the electricity is a hazard for the people. The speaker mentions that the Bill needs to empower the youth to ensure that the youth meaningfully participates in the electricity sector.

  1.  

Thabo Sibeko

Daveyton Ward 96 / Earth Life Africa

N/A

The speaker mentions the issue of tariff increase, most people are unemployed and therefore cannot afford the tariffs increase. The provisions of NERSA removing regulation of pricing and the introduction of IPP’s – the speaker is concerned about this specifically that the pricing may be unaffordable for many South Africans. The speaker mentions that the Bill speaks to the unbundling of Eskom and gives the IPP more powers to generate power at a cost which may be detrimental to South Africans. The speaker therefore asks where the certainty will come from to ensure the public that the electricity will be supplied and at an affordable rate. The speaker mentions the need for workshop the Bill in the community.

  1.  

Chantel Harichand

Patriotic Alliance / Ward 29

Yes

The speaker mentions the challenge in the community of electricity being cut abruptly, the illegal connections and cable theft etc. The speaker also mentions the challenge of different rates charges to people staying in the same block of flats.

  1.  

China Matabane

MACUA

No

The speaker asks whether the licensing will be awarded to private companies or public companies. The speaker asks which source of energy are these companies going to bring, specifically the energy sources which will not cause high pricing.

  1.  

Unati Nsibande

Protect our Environment Today

N/A

The speaker mentions that the organisation she represents promotes energy wise and works with community and schools. The speaker asks whether it is possible to use South African companies in the sector.

  1.  

Simon Maredi

Ward Committee Member

No

The speaker mentions that the Bill was only available the morning of the public hearing therefore people are not fully informed on the Bill to support or reject the Bill. The speaker mentions the high unemployment rate and asks what is the plan for the people to gain employment in order to afford electricity.

  1.  

Elias Mafokeng

Ward 49 Committee Member

N/A

The speaker mentions the issue of the transformers as the townships are growing in population and the transformers are under servere pressure. The speaker therefore requests for the transformers to be upgraded to accommodate this reality in the township. The speaker mentions the concern of opening the sector to companies that are outside of South Africa when locals have the skills and high unemployment rate to work in the sector.

  1.  

Themba Thozo

Ward 59

Yes

The speaker mentions concerns of the process of public hearings. The speaker asks whether the public hearing and this Bill will help the people or those in political office. The speaker mentions that he will only support the Bill if it will assist the poor not the wealthy or those who have influence.  The speaker mentions that there should be hubs where ideas are discussed with the community and how to solve key problems in the country. The speaker mentions the concerns that the Bill will enable foreign nationals to be the main contractors or companies instead of South Africans. The speaker mentions that harsh punishment is needed for those who steal cables and damage infrastructure.

  1.  

Gilbert Shirinda

Ward Committee Member 97 Brakpan

Yes

The speaker mentions that NERSA must be empowered to represent the community which it has not in the past. The speaker mentions concerns that previously NERSA has stood with Eskom and the private sector in the increase of tariffs.

  1.  

Douglas Malatjie

Ward Committee Brakpan 97/ SANCO Chairperson

N/A

The speaker mentions that electricity access has not always been available to everyone in the country therefore supports the Bill in this regard. The speaker asks that all the informal settlement must be electrified either permanent or temporary access. The speaker mentions that there must free units and the way in which it can be maintained is through donations from politicians and the President.

  1.  

Molly Mbangula

WAMUA

No

The speaker mentions the concern of women that are unemployment. This electricity issue is a big issue for women and raises the issue of not having the public hearing in the townships close to the women. The speaker mentions the need to have this information in the townships and specifically what the benefit be for people in the township.

  1.  

Brenda

Patriotic Alliance/ Ward 29 Committee Member

Yes

The speaker asks whether there is information sought by Minister about innovative ideas on different sources of energy. The speaker asks whether solar panels will be installed in households or people receive subsidies on this. The speaker mentions that some wards work with Eskom other with Municipalities and asks whether the Bill will make people work with municipality or with the companies or with Eskom. The speaker mentions tariff A and tariff B – the speaker asks whether this will remain in place with this Bill.

The speaker asks whether people will be subsidised for Xerox gas which can be used for so many aspects in the household.

  1.  

Lerato Ledwaba

  •  

Yes

The speaker mentions that Eskom has structures in the community which are not protected and suggests that Eskom must work with the community to provide security for them which will also help with unemployment. The speaker mentions that if Eskom states that municipalities owes money sometimes it creates a problem as some use illegal connections which becomes problematic for those that pay, they end up paying for other people’s usage The speaker mentions that rising of electricity prices must take into consideration the number of people who are unemployed in the country. The speaker mentions that a percentage of the VAT collected on maize meal must go toward electricity.

  1.  

Soza Khoza

Ward 78

No

The speaker mentions that the public hearings must be restarted. The speaker mentions challenges with Eskom and loadshedding. The speaker mentions that electricity falls into 3 departments and asks how all these departments are not wining with loadshedding issue. The speaker mentions the issue of corruption in all these departments, but the individuals are not arrested or held accountable. The speaker mentions that loadshedding seems to be controlled. The speaker mentions that the power to regulate pricing will go to the IPP’s and removed from NERSA which cannot be supported.

  1.  

Thembinkosi Joshua Nkambule

Ward 98

Yes

The speaker asks whether South Africa is first or third world country. The speaker asks where South Africa would be ranked in terms of electricity specifically when it comes to diverse energy sources.  The speaker asks what measurements or dynamics of the electricity are use in order to determine whether a country is overusing or underusing electricity. The speaker mentions the need for South African companies to lead or be prioritised in the licensing process.

  1.  

Hendrick

  •  

N/A

The speaker mentions section 34 concerns, and the ministerial determinations – therefore asks what the purpose of this in the municipal electricity generation is.

Speaker also mentions that section 34 is in conflict with circular 117 of the National Treasury.

  1.  

Goodwin Mahunu

Ward 29

N/A

The speaker mentions that he would support the Bill only if it addresses the poor people, and elderly that earn low grants, and high unemployment that rely on grants which is very low which means most people cannot afford electricity.  The speaker mentions that the best course of action is for people to pay Eskom directly because the Municipality at times cause problems for the residents especially because it is the Municipality that owe Eskom.

  1.  

Kutlwano Ratswana

WAMUA

No

Does not support the Bill as it will not benefit ordinary South Africans.

  1.  

David Maqubane

Ward Committee

        No

When things are not going well, government get frustrated, and bring in investors. Sad thing is that we are nearing Eskom being privatised. Privatisation is in a small or big scale; poor people will suffer the most because private sector interest is on profit. Speaks is against infrastructure vandalism – asks that the community be active to guard what is beneficial to them.

  1.  

Qedusizi Masina

MACUA/WAMUA

N/A

The speaker mentions that the community she is from she uses VIP which is the middlemen between community and municipality. The rates are very high through this system, the impact of this is very detrimental to the people specifically the elderly. The speaker mentions she lives near an operating mine however when loadshedding hits the mine continues to operate, further when the transformer is ruined the Municipality indicates that there is over usage so it is unclear where the mine is getting access to electricity. 

  1.  

Mokoni Mohlake

Ward 36 Committee Member

Yes

The speaker mentions that there needs to ne assurance of not having illegal nationals in the energy sector. The speaker mentions the need for regulation of the bail outs for Eskom. The speaker mentions the need to remove the penalties and leave it to the justice system to regulate this aspect. Enforce the debt repayment system to ensure that the rate will remain standard. The speaker mentions the need to support the justice system in terms of enforcement.

  1.  

Tshepo Totwe

Duduza Ward 36

Yes

The speaker requests for IPP information to be made public. Section 30 – provision of the waiting time – speaker suggest that the waiting period be reduced to 60 days. The speaker mentions that the council decision to cut off electricity has impacted the indigent people and request that when there are discussions of the Bill this must be addressed.

  1.  

Lizo Mabizela

Ward 55

N/A

The speaker mentions that the Bill seems to not address the current issues the people have with Eskom which is concerning.

  1.  

Mbongiseni Sibiya

MACUA

No

The speaker mentions that the Bill does not meet the Free Prior Informed Consent (FPIC) requirement, this is also seen with the poor attendance in the public hearing. The speaker mentions that the public hearing should have been in the township. The Bill does not involve the youth as the future generation

  1.  

Khuliso Nesengani

Business Unity South Africa

Yes

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure

 

Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. We have identified a few changes which warrant attention, including the following:

 

Vesting contracts

 

Section 34B(5)(c)(ii) of the 2023 Amendment Bill provides that it is a function of the CPA to conclude vesting contracts with Eskom generators and/or distribution licensees to manage the transition to a competitive market. The 2023 Amendment Bill defines vesting contracts as a contract between the National Transmission Company South Africa SOC Ltd and an Eskom generator or a distribution licensee, for the sale of a specified amount of electricity at a specified price as a mechanism to facilitate the transition to a competitive market. BUSA needs an insight into the implications of the conclusion of vesting contracts. It is key that Eskom prices competitively, and that the competitive market is retained. If vesting contracts result in Eskom having a guaranteed off taker, while the private market does not, the competitive market is undermined. The Eskom generation price should be regulated, and the pricing of these contracts must be approved by NERSA. The addition of the words ‘as approved by the Regulator’ would provide clarity in this regard.

 

The Central Purchasing Agency (CPA)

 

Section 34B (5) refers to a CPA. BUSA questions how many central purchasing

agencies there will be. Should this be amended to the CPA? Section 34B(5)(c) of the 2023 Amendment Bill is inconsistent with the definition of the CPA, which states that this entity is only formed for the duration of the transition to a competitive market. The central Purchasing Agency’ is defined as an entity assigned to fulfil the role of the wholesale buyer to maintain system integrity during the transition to a competitive electricity market. As BUSA, we propose that the words ‘during the transition to a competitive electricity market’ be deleted from the definition, so that the CPA is not restricted to performing functions during the transition period.

  1.  

Tshepiso Matebane

MACUA

No

The speaker mentions that she does not support the Bill because enough time was not provided to the community to fully be informed on the Bill. The speaker mentions that the youth is educated but are unemployment The speaker is against privatisation and requests that the Bill must not endorse this as it will negatively impact the community. The speaker mentions the challenge of damaged transformers and requests that this is a key issue that needs to be addressed. The speaker mentions the need for promotion of the township economy.

  1.  

Kgomotso Suthane

Ward Committee Member

N/A

The speaker has concerns of whether Parliament can reach the people and raises this as the Bill was not properly provided to the community to be informed enough to contribute. The speaker mentions she supports speaker 16, Hendrick.

The speaker mentions the need for a skills development programme which is not capped at the age and comes from Parliament. The speaker mentions that skills development will assist for communities to know the electricity sector.

The speaker mentions the issue of informal settlements and the people in the area that are not paying electricity but want/need electricity and have access to this electricity through illegal connections. The speaker mentions that there can be mechanisms in place for regulation of electricity access the situation in the townships.

  1.  

Thabo Selebe

[Written]

Ext 3, Duduza, Nigel

Yes

I applaud the government for taking the powers of NERSA on prices of electricity, because NERSA was starting to abuse its powers when they decide to increase their prices, they do not service their infrastructure that is why today we have this loadshedding. They were raising their prices and say their service costs are too high. Their problems was not checking whether the community is going to afford it or not. Most communities they are unemployed where they also rely on electricity for their daily lives.

  1.  

Samuel Molefe

[Written]

308 Magagulu Heights, Katlehong

Yes

The PCMRE must consider schools, hospitals, Business etc, should be connected separately as are necessary of the communities and municipalities given licenses to generate electricity for themselves. SMME’s must be given sub-contractors and all infrastructure sector from wards to monitor generating of electricity.

  1.  

Lucky Mabuza

[Written]

 

122 Uvenyane Street, Benoni

Yes

This is a very good initiative. We are creative enough to start new formats of generating own energy and still have a market.

  1.  

Jabulele Nkonyane

[Written]

11 Ndloblele St, Benoni

Yes

Its partly going to assist community members to benefit in terms of accountability of what was used and to do business as well.

  1.  

Kgomotso Futhane

[Written]

 

317 Ext Tembisa

Partially

Can we have skills programmes with no age limits for energy. Also human settlements to make sure shacks and hostels to pay. Landlords to be given licencing for izonyotanyoka. Structures from Parliament to be implemented from provincial and local government, to ensure transparency.

  1.  

Tshepiso Motsobane

[Written]

7 Manana Str Kwa-Tema

No

We never given enough time to understand the Bill. A lot of young people are unemployed, yet foreigners are taking over the jobs and tenders are only benefitting money out of situation.

  1.  

Ntombizanele Zuma

[Written]

18 Shale St Kwa-Thema

No

I am not supporting the Bill, cause we were not given enough time to go through the Bill and the advertisement is poor. You need to invite people in every area. Since there is going to be employment regarding electricity, please do not only employ youth, but involve everyone because it is not only youth that is suffering. My worry is that those above 35you are no longer considered, but at Parliament there are people who are 60 years old

  1.  

Khabonina Nhlapo

[Written]

4165 Ext 3 Masichaba

Yes

We are experiencing a problem with transformers.

  1.  

Jabulile Nkonyane

[Written]

11 Ndloblele St Benoni

Yes

It is partly going to assist for communities to benefit in terms of accountability of what one has used and to do business as well.

  1.  

Lucky Mabuza

[Written]

122 Uvenyane St Benoni

Yes

This is a very good initiative.  We are creative enough to start new formats of generating our own energy and still have a market.

  1.  

Lindiwe Nkosi

[Written]

23 Shale St Kwa-Thema

N/A

More education on green projects of generating electricity.

  1.  

KV Ndaba

[Written]

1477 Weyi St Wattville

N/A

My concern is how are indigent households going to be helped or benefit from this Bill, including indigent churches.

  1.  

Elizabeth Sukazi

[Written]

1529 Zondo St Wattville

N/A

Please focus on clinics, as loadshedding is a problem. It is very dofficialt for nurses to cope. Bring back free units.

  1.  

Annette Pienaar

[Written]

14 Scoff Crescent Brenthurst

N/A

Kwa-Thema is currently sitting with two broken transformers, of which one has been in repairs for longer than a year.

  1.  

Yolanda Burton

[Written]

1769 Zareena HaGee Gardens

Yes

A survey should be done - door-to-door – to see how many occupants live in each household including illegal immigrants, especially the shacks where all illegal activities take place like illegal connections and stolen cables.

  1.  

Cordelia Nomapheko

[Written]

311 Loah Court Actonville

Yes

Government must subsidize the pensioners on a cheaper way of supplying electricity. Solar panels will help.

  1.  

Margret Semela

[Written]

Thokoza

Yes

I will support the Bill if my concern of managing electricity is done properly. Also, if the government teaches the people especially the youth about electricity so they can get employed and provide skills to providing better access of electricity and security to the electricity infrastructure.  The companies that are coming to replace Eskom must provide skills development and must work with the local companies that can provide electricity. The Bill must help South Africa get rid of loadshedding because loadshedding is ruining our lives, our food, allowing cables to be stolen and the kids cannot go to school anymore therefore anything that can help people to get electricity and not have power cuts.

 

 

Day 4: Gauteng, Soshanguve, City of Tshwane, 7 November  2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Anna Sibande

Centurion/ ANC WL

Yes

The speaker mentions the issue of pricing. The speaker mentions that City of Tshwane electricity is unaffordable and suggests having the option to buy from Eskom. The speaker mentions the need to be proactive for mitigating the cable theft and illegal connections in the community. The speaker suggests that there should be ongoing community monitoring. The speaker mentions support of the Bill however requests for feedback to the community about the outcomes from the Bill.

  1.  

Gugulethu Mafokane

Bakgatla ba Lekhuleng

N/A

The speaker supports NERSA powers to regulate the tariffs but disagrees with the government determining the pricing. The POP status should return as currently people cannot afford electricity and the unemployment status in the country is very high. The speaker mentions that she could not understand some of the introduction remarks by the chair due to noise and echo but supports the idea of new companies in the sector. Skill transfer and job opportunity for the youth is important and must be clear from the Bill, which only mentions the laws for the new companies but not for the people. The speaker mentions that black companies should be prioritised for the changed sector and must be supported in the Bill. The speaker mentions that cable theft and infrastructure must be a penalty of R5 million. The speaker mentions that scheduling of loadshedding must be accurate.

  1.  

Paulina Motsweneng

ANC/ Lethabong

Yes

The speaker mentions the need to arrest those that steal cables. The speaker further mentions that electricity access in the community is limited, and some areas have not had electricity for years some since 2010.

  1.  

Given Khumalo

Bakgatla ba Lekhuleng

Yes

The speaker mentions the challenges in the traditional authorities and that the interaction with Eskom and municipalities for electricity access for people/residents has been very poor. The speaker mentions the importance of rates and tariffs and the need to regulate this within the context of the poor and those living in the traditional authorities. The speaker mentions the need for better communication with the people and specifically those living in traditional authorities. The speaker mentions the need for collaboration for addressing cable theft and protecting electricity infrastructure.

  1.  

Prince Kgodu

Traditional Authority Leader

N/A

The speaker mentions that Tshwane owes R3.4 billion to Eskom. The speakers mentions that Eskom is running transmission, distribution and generation and that since there is a challenge of unemployment these different departments must absorb the unemployed and also capacitate the unemployed to generate solar, wind and water as sources of energy. The speaker mentions that security is required to protect infrastructure and that 24/7 monitoring lights, drones, and new technology can be used to protect the electricity infrastructure. The speaker mentions that the people complain to counsellors and that information does not reach Parliament to which Parliament must monitor and investigate why this is the case. The speaker also mentions that the meter boxes and purchase of electricity being less than the units must be monitored by Parliament.

  1.  

Moss Aphane

Tshwane Stand Up

Yes

The speaker mentions the challenge of lack of access to electricity and that electricity is expensive. The speaker mentions the challenge of overcrowding in the community which has an impact on electricity access. The speaker mentions the issue of City of Tshwane being the middle man for electricity and mentions the need to remove the municipality as the electricity provider.

  1.  

Frankie Mamabolo

Ward 33 Soshanguve

Yes

The speaker asks about the budget for the Transmission System Operator (TSO), and whether it will be corruption proof given the current issues of mismanagement of SOEs. Further asks whether the TSO will only be answerable to Eskom.

  1.  

Oupa Mahlangu

SANCO Soshanguve

Yes

The speaker mentions the need for programmes, skills development, empowerment and employment opportunities for the youth. The speaker requests a flat rate of electricity pricing, for residential and business. The speaker mentions the need for better communication when it comes to hearings The speaker mentions the issue of loadshedding and its impact on daily lives. The speaker mentions that South Africa has coal in abundance, and it should be used for electricity.

  1.  

Thokozile Zwane

ANC WL Chairperson

Yes

The speaker notes that the Bill seeks to address the key issues of the electricity sector therefore supports the Bill. The speaker mentions that Eskom needs assistance and the introduction of the companies will assist The speaker mentions the need for the youth to be trained in order for them to assist in the infrastructure protection.

  1.  

Mapula Theresa Tau

Mamelodi / Bakgatla ba Lekhuleng

Yes

The speaker supports the NERSA powers and the introduction of new companies in the sector however suggests that the new companies must ensure that they prioritise local communities and South African companies. The speaker mentions support of the penalties for cable theft and infrastructure damage and suggests that it be a harsh penalty because the illegal connections negatively impact the community greatly.

  1.  

Daphney Matholo

ANC

Yes

Asking Parliament to assist with the issue of electricity price. As a pensioner she cannot afford electricity. The municipality has cut the electricity for her. Need parliament to assist the indigent. They have issue of cable theft that gets stolen during the night during loadshedding. Proposed that loadshedding is done during the day.

  1.  

Mr. Peter

Ward 25 Soshanguve /ANC

Yes

The speaker mentions the challenge of informal settlements not being able to buy electricity due to not having accounts with the municipality. The speaker suggests 10 years penalty and 5 – 10 million for offences and penalties. The speaker mentions that Eskom must have its own black owned companies in order for them to be able to be employed.

  1.  

Margret Mahapa

ANC

Yes

The speaker mentions support of the new/changed system in the electricity sector. The speaker emphasises the issue of electricity access in the community, including the pricing that is unaffordable.

  1.  

Mr. Kenny

Soshanguve Veterans

N/A

The speaker mentions the challenge of overcrowding and growing informal settlements which have electricity access but illegally which is being paid for by the residents in the community. The speaker mentions the need to have the illegal connections issue addressed.

  1.  

Pastor Jackson Tshayisa

Faith Based Organisation

N/A

The speaker mentions that plots have been given to the church however these plots do not have electricity access.

  1.  

Maria Rauele

Ward 38

N/A

The speaker mentions that the community is overcrowded which has caused electricity issues. The speaker mentions the need to monitor municipalities especially municipalities that provide electricity access to the people because there is too many irregularities in terms of prices.

  1.  

Jabu Mtsweni

ANC

N/A

The speaker mentions support of the competition as he believes this will help Eskom supply electricity to the people especially to those that already pay. The speaker mentions that it is concerning that mayors and councillors are not in the meeting when most of the electricity issues experienced by the community the people have complained about and require feedback. The speaker mentions the problem of electricity bridging and mentions that this requires monitoring. The speaker mentions that people are unemployed or only receive grants but are expected to pay expensive rates for electricity.

  1.  

David Lefifi

Mamelodi 117

N/A

The speaker mentions the issue with the municipality in achieving electricity access. The speaker mentions that the municipality is not speaking to the people but making decisions that impact the people greatly. The speaker mentions the issue of illegal connections and how these activities damage the transformers of the residents. The speaker mentions the issue of electricity units being less than purchase price and that no one knows why this is the case or it is not explained when people buy electricity.

  1.  

Tulias Malegodi

ANC

Yes

The speaker supports the Bill as proposed.

  1.  

Lizzy Matshepe

Hammaskraal Ext 2 Ward 75

Yes

The speaker mentions that change is necessary and important therefore support the Bill. The speaker mentions the need for the change given South Africa’s socio-economic past. The speaker mentions that loadshedding is a man-made issue and this can be seen with the controlled schedules.

  1.  

Kullie Maseko

Lethabong

Yes

The speaker mentions that since 2010 there has not been access to electricity, therefore it is difficult for her to speak about electricity access. The area is called Dornkerhoek Lethlabong plot 3 and 4 and asks for urgent intervention.

  1.  

Themba Ndlovu

ANC

N/A

Speaker mentions that he has a company that can supply and install electricity but is struggling. He wants assistance.

  1.  

Paul Pila

Resident

N/A

The speaker mentions that he is hesitant to support or reject the Bill and further that the hearings are part of election campaign.

  1.  

Nanky Skosana

ANC / Ward 36

N/A

The speaker mentions overcrowding and that in one household there are tenants which uses lot of electricity which impacts transformers and causes them to be damaged. 

 

 

6.8 North West

 

 

 

Follow UP of Day 1 North West 06 October 2023 Hearing: North West, Ramotshere Moiloa, Zeerust, 29 January 2024

Name

Organisation

Support Yes/No

Reasons

  1.  

Kerotse Moraka

Ward 11 Ramotshere Moiloa

No

The speaker suggests that the penalty for cable theft and electricity damage should be amended and be increased to 15 years.

  1.  

Tsolofelo Mogape

Ward 13 Ramotshere Moiloa

Yes

The speaker supports the Bill. The speaker adds that the sentence must be increased to 15 years if a person is guilty of cable theft. The speaker adds that the fine must be reduced or completely removed and the penalty to only be a jail sentence.  The speaker mentions that the rates of electricity is very expensive, and requests an intervention to assist the vulnerable people in the community especially elders. The speaker mentions that the people in rural areas must be enabled to sell electricity to help communities to have various options and access to buy electricity without being forced to travel far distances to buy electricity.  The speaker mentions that loadshedding is excessive in the community and it is unclear why particularly given that during the World Cup the electricity was on without interruption.  The speaker asks whether the criteria used in the Bill will enable ordinary people in the community to apply for a license and to generate electricity that can be sold to Eskom

  1.  

Onalenna  Seabi

Ward 7

N/A

The speaker mentions that the people are without electricity because of lack of infrastructure in the community and loadshedding. The speaker also mentions the cost of electricity makes it difficult for people to have electricity access. The speaker therefore asks for access to electricity

  1.  

Matshidiso Moraka

Ward 11 Ramotshere Moiloa

Yes

The speaker mentions that the fine should be removed and only a jail sentence for those guilty of cable theft and electricity infrastructure damage.

The speaker mentions that repairs to electricity infrastructure is a challenge in the community because the Eskom officials want bribe money to fix the poles, or they never come to repair the damage.

  1.  

Matshidiso Nageng

Ward 04 Ramotshere Moiloa

Yes

The speaker mentions that in the ward there is multiple issues. The first is that the transformers are old and malfunction constantly. This is not addressed by officials or will only be addressed after a long time, up to 6 months. The speaker adds that 1996 transformers are used for a large number of people and it must be expected for these to not operate effectively but this is not addressed. The second is the issue of the poles which are about 20 years which are not checked and as a result the poles lean and eventually fall causing damage. The speaker suggests that these poles be regularly checked

The third issue is that the water generators which provides access needs electricity which negatively impacts the clean water, the washing of clothes etc.

The speaker mentions that the cable theft sentence should not include the fine as it will not be an effective deterrent. The speaker suggests that rather there must be security to better guard electricity infrastructure or alternatively use equipment that is not valuable to the market such as the copper.   The speaker mentions the impact of cable theft and mentions that when it takes place it can take up to 3 months until the community has access to electricity again. The speaker mentions that the price of electricity is too expensive especially for those that depend on grant which is the majority of the community members in ward 04.

  1.  

Senaledi

Ward 11 Ramotshere Moiloa Dinokana

N/A

The speaker supports the cable theft penalties but suggests a life sentence rather than 5 years. The speaker asks why Dinokana does not have a power station, as the size of the community warrants this. The speaker mentions that the transformers in the community are damaged and have not been addressed.

  1.  

Beleseng Mosele

Ward 11

Yes

The speaker mentions that the cable theft penalty must not include the fine as the 5 million fine will not act as a deterrent. The speaker mentions that she has not had access to electricity for 7 years and she has reported this however it is not been addressed.

  1.  

Kgomotso Mogape

Ward 05

N/A

The speaker mentions that the community members will be disadvantaged if they must have a licenses if they are already generating electricity through alternative sources such as solar.

  1.  

James

  •  

N/A

The speaker mentions that the sentences for cable theft must be 15 years to those found guilty. The speaker mentions that the impact of cable theft in the community is far reaching and the sentence must reflect this.

The speaker supports the competition that the Bill proposes for Eskom. This will enable the end users to have options of where to buy electricity and for what price, and incentivise Eskom to perform better

  1.  

Chippa Mogolo

Ward 12/ Democratic Union Party

Yes

The speaker mentions that the Bill will make a difference in the community therefore supports the Bill. The speaker mentions that Eskom is in a lot of debt and this has affected the community in a negative way therefore the Bill must talk about how this will be addressed when these new companies will come in.

The speaker asks how Eskom will be held accountable for past wrongdoing.

The speaker mentions that foreign nationals are complicit in cable theft and this needs to be addressed.

  1.  

Coulsen Mokgathle

Ward 4

N/A

The speaker mentions that in Ward 4 the electricity infrastructure is damaged and has even caused safety risks in the community especially for children playing and crossing the street, the speaker asks when this will be addressed.

The speaker mentions that transformers are being stolen from one ward and placed in another which is another challenge in the community

  1.  

Daniel Manamela

  •  

N/A

The speaker mentions that the cable theft penalty must be 15 years without the possibility of parole for those found guilty.

  1.  

Redidimetse  Raseapei

Ditsobotla

Partially Support

The speaker mentions that the transformers in the area needs to be serviced and asks for Parliament to intervene. The speaker mentions that the cable theft penalty in the Bill must include the entire value chain of the criminal network not just the person who is found stealing the cable. The speaker mentions the Eskom is not responsive to the challenges of the community and when attempts are made to talk to them no one answers the calls etc.

  1.  

Onkgopotse Thethe

Ward 06

N/A

The speaker mentions that Eskom must procure security that is high quality to protect the electricity infrastructure

  1.  

Rachel

Ward 03

N/A

The speaker mentions that water is donated which is accessible only with electricity so with loadshedding it impacts the water access. The speaker mentions that the electricity prices are too expensive

  1.  

Naome Mathipe

Ditsobotla

N/A

The speaker mentions support of competition for Eskom as she believes it will improve services and access. The speaker mentions that the Municipality owes Eskom, however with the new entrants what does it mean for the debt. The speaker mentions that the electricity price is killing the community because of how expensive it is.

  1.  

Keone Dinah More

Ward 10 Dinokana

Yes

The speaker mentions the challenge of the electricity infrastructure that is not maintained. The speaker suggests that security and maintenance be upgraded

The speaker mentions that electricity is very expensive therefore asks for intervention in this regard. The speaker mentions that the sentencing and fine must remain but suggests that both should apply to those are found guilty so a 5 year sentence plus a 15k fine

  1.  

Boy Frans Keebine

Ward 15

Yes

The speaker mentions support of the Bill especially the aspect of competition as it is clear that Eskom is unable to manage the demand. The speaker mentions that the there is a solar plant in the community but it is not used and it is now a white elephant, and asks if Parliament is aware of this. The speaker mentions that Parliament must intervene with NERSA to address the price of electricity and tariffs. 

  1.  

Seadimo Sereko

  •  

Yes

The speaker mentions support of the competition for Eskom which she believes will be beneficial to the community as there will be more options.

  1.  

Gomotsegang Moagi

Ward 06

Yes

The speaker mentions support of the Bill and request that it be implemented as soon as possible. The speaker mentions the need to upgrade the security that is meant to protect electricity infrastructure such as including cameras and intensified patrols. The speaker mentions that the illegal connections is a big problem to the point where the illegal connections end up becoming one thing with the legal connections.

  1.  

Segomotse Phatswane

Ward 28

Yes

 

[Written Submission]

The writer supports the Bill. The writer supports the provisions that sentence and fine persons found guilty of cable theft and damage to electricity infrastructure as these individuals destroy lives and livelihoods for the community. Additionally, the writer adds that provisions must be added to keep the electricity infrastructure and the community safe. 

  1.  

Mmamothina Motswatswa

Ward 10 Dinokana

Yes

[Written Submission]

The writer supports the Bill. The writer mentions that after loadshedding and the power returns, the units are less and asks why this is the case. The writer mentions damage to electricity infrastructure specifically the poles which have not been attended to, then when Eskom is called they take very long to answer the phone and take months to actually arrive only to not fix the problem and leave. The writer mentions very high electricity rates, that it is unaffordable to most people in the community. The writer mentions that 15 years is a more appropriate sentence for criminals stealing cables in the community. The writer asks for a power station to be built in Dinokana as the community is very big.

  1.  

Basadi Ramasega

Ward 10

Yes

[Written Submission]

The writer supports the competition that the Bill suggests as she believes it will force Eskom to provide services in a more effective and timely manner. Additionally, the writer believes that because the population in South Africa is grown and keeps growing Eskom can’t meet the demand of everyone therefore it needs assistance from other players in the sector. The writer mentions that the electricity bough from local suppliers and tuck shops charge an additional fee when purchasing electricity which she believes Eskom and NERSA is not aware of when the tariffs are increased. She therefore asks for regulation on the extra charge from shops and investigation as to how they determine the price. The writer mentions that Eskom has a turnaround time of more than 2 weeks which is not effective and causes many challenges as it means there is no access to electricity during these 2 weeks, the writer asks for urgent intervention of this.

  1.  

Gaofenngwe Selaledi

Ward 10 Dinokana

Yes

[Written Submission]

The writer supports the Bill. The writer mentions the challenge of Eskom fixing and attending to electrical issues in the community. The slow pace of Eskom officials needs intervention and the writer believes that it is because they are poor people so the officials think they can take advantage of them by not responding.

The writer supports the penalty of persons found guilty of cable theft and damage to electricity infrastructure because those individuals cause crime rate to increase in the community,

 

  1.  

Thabo Tshukutshwane

Ward 12

N/A

[Written submission]

The writer wanted to tell the Committee about the Apollo Lighting System. He motioned the following:

  • Does Eskom have the regulated hours to switch on or off of the Apollo lights? If there, what does is it regulated for that?
  • Does the Government under municipality do landscaping to check areas that needs Apollo Lighting? Of it is the duty of the community to look for means and what are the procedures needed to follow?
  • Are those companies chosen to tender assistance to Eskom known by the Portfolio Committee?
  1.  

Othusitse Aubrey Tsokedi

Ward 9

Yes

[Written submission]

Cable theft: There are so many houses whose cables are cut and night and the criminals are unknown.

Waiting periods: How many years one waits to be electrified?

Poles: What must one do when his or her electrical poles are damaged?

List of communities: A number of communities do not have electricity, what must they do?

Transformers: Asks how long must one wait when he  or she a transformer problem?

Illegal electricity: Intervention needed on this issue of illegal connections.

  1.  

Ntswaki Margaret Tsokedi

  •  

N/A

[Written submission]

The writer says she reported the issue of cable theft to Eskom since September 2023 and to date, Eskom has not attended to the matter.

  1.  

Moses Lebakeng

Ward 4

Yes

[Written submission]

The writer supports the Bill in its totality.

  1.  

Bopape Daphiney

Ward 9

Yes

[Written submission]

The writer supports the Bill in its totality.

  1.  

Pinky Moiloa

Dinokana Ward 11

N/A

[Written Submission]

The writer mentions that she is the only person in the village that has no electricity access and asks for assistance to get electricity because she can see others have electricity and that the electricity poles are in the community.

  1.  

Mpho Moiloa

Dinokana Ward 11

N/A

[Written Submission]

The writer asks if a power station can be built in Dinokana because the community is very big and it is difficult for the current electricity infrastructure to withstand the demand in Dinokana. The writer mentions support of individuals that steal cables and mentions that this crime is very serious and must be taken seriously in sentencing.

  1.  

Eliot Shine Senna

Gopane  Village

N/A

[Written Submission]

The Writter complains about cable theft and that when this has happened Eskom does not fix the infrastructure.

  1.  

Dumisane Xabanisa

Mmuntshweu Section

No

[Written Submission]

Asking why Eskom is not training people from the communities because when he has an issue he has to call Eskom offices in Bloemfontein. Having someone deployed in communities could assist to have problems resolved speedily.

  1.  

Aleseng Mothibi

Dinokana

No

[Written Submission]

The writer does not support the Bill. The writer mentions that a complaint was lodge with Eskom 5 years ago regarding faulty transformers and poles that are falling and to date it has not been addressed. The writer mentions that the provision of penalties in the Bill for those found guilty of cable theft must be 15 years, and with no parole.The writer mentions that electricity is very expensive, and asks that if the Bill goes through for Eskom to consider that most people rely on social grants and are unemployed or earn very little, but still need to have access to electricity.

  1.  

Motshidisi Mogale

Motswedi Ward 5

N/A

[Written submission]

Reports about the general Eskom challenges and the poor response.

  1.  

Poloko Moalafi

Zeerust

Yes

[Written Submission]

The writer mentions support of competition for Eskom. The writer mentions that for 7 years the community has been asking for electricity access and there has been nothing, asks for Parliament to get answers from Eskom as to why this is the case.

  1.  

Ellen Maletswa

Moshana Village

No

[Written Submission]

The writer does not support the Bill. The writer mentions that in his community there is a pole that is slanting and about to fall and the challenge is that this pole is near a school and at any time this will cause a disaster.

In some other areas, there has been no electricity for 15 years, and in other areas the transformers are being stolen.  The electricity units bought from tuckshops that are owned by foreigners charge an additional fee and this electricity even more expensive. The writer mentions that after loadshedding power cuts the units are less than before and asks how this is possible if no electricity was used. The writer states that solar energy must be accessible to people in community.

  1.  

Thabo Nawane

Ward 12 Selosesha Section Dinokana

Yes [Written Submission]

Our electrical infrastructure is very old and as a result communities suffer. Tariff price is also very high and people are unemployed and therefore not affording electricity. Also, most people are staying without electricity due to stolen cables and meter boxes. Asks that NERSA does not further increase electricity prices. Asks that there should be customer offices at tribal offices for communities to get services nearer. Those who steal cables and those who buy it should be imprisoned for a period of 30 years.

  1.  

Kgomotso Lefutswe

Dinokana

Yes [Written Submission]

The writer supports the competition in the sector and states that he believes that Eskom needs assistance to meet the demand of the people therefore new companies helping it will help the people in the long run, especially with regards to loadshedding.

The writer mentions that when Eskom fixes faults, they must replace the transformers in the community, as the current transformers are very old.

 

 

  1.  

Tshepang Galeshoga

Dinokana

Yes

[Written Submission]

Does the loadshedding affect the economy, if yes what is the government doing about it?. Asks that Government other options to generate electricity such as wind. Says that in tuckshops they are charged extra amount for electricity, above the NERSA approved tariff.

  1.  

Leina Ezrah Baaty

Ward 5

Yes

[Written Submission]

The writer mentions that her ward has a big challenge with electricity. Firstly, the water is pumped using electricity therefore if there is no access it means no water. Second the street lights have not been working for 10 years which is a safety issue in the community. The writer explains that the loadshedding power cuts are a big challenge for the community and specifically for the children when they have to study. The writer explains that Eskom does not respond to calls to fix faults and address electricity issues in the community, and request that Parliament intervene as the Ward Councillor has failed them.

 

 

 

 

 

 

 

Day 2: North West, Dr Ruth Segomotsi Mompati District, Kismoti Community Hall, Vryburg, 07 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Gamele Mosinki

Kismoti - Traditional Leadership Spokesperson

N/A

The speaker mentions that in 1994 there was no power cuts, however currently this is not the case because of loadshedding.  The loadshedding has damaged the appliances in the house. Loadshedding schedule is not predictable and sometimes too many times in the day. Speaker mentions that the information on loadshedding does not reach the community, therefore it is unclear when it is loadshedding or something else is the issue.

  1.  

Annie Fourcia

Ward 02 Vryburg

N/A

The speaker mentions that the purchased electricity is less than before, it is more expensive. The speaker mentions the damage to appliances due to loadshedding that takes place. The speaker asks for a response from the Portfolio Committee on Mineral Resources and Energy (PCMRE) on the impact of electricity.

  1.  

Lucas Leeuw

Ward 02 Vryburg

Yes

The speaker states that the introduction of new players will help Eskom. He hopes the new players will also help with the cost of electricity.

  1.  

Kgosiestile Joe Ngwako

ANC Ward 03 Paaposan

Yes

The speaker mentions that the community participates in public participation but there is no feedback.  The speaker mentions that the National Energy Regulator of South Africa (NERSA) licensing must allow for the community to participate as operators which will also allow for greater access of the electricity to more people in the country

  1.  

Rosy Thibo

Ward 06 Tlakganong

Yes

The speaker supports the Bill because Eskom is under a heavy burden due to the scale of people that need electricity. NERSA must assist Eskom to grant licenses to new companies, but the government must still play a role to regulate this. The speaker mentions that NERSA must ensure that the licenses are approved as quickly as possible to alleviate the power cuts experienced in the country.

  1.  

Othusitse Samuel Bob

Ward 02 Vryburg

N/A

The speaker mentions that the price of electricity for unemployed persons is very difficult given the amount given as grants. The speaker also mentions the issue of illegal connections is rising as a result.

  1.  

Baby Molokwe

Ward 02 Vryburg

Yes

The speaker states that while she supports the Bill, she is fearful of whether the proposals will actually take place and loadshedding will end. The speaker further mentions the concern of pricing of electricity which is expensive.  The speaker supports the use of the Eskom infrastructure by other companies because that infrastructure is visible and working but Eskom is not working properly. The speaker mentions that the new companies must not operate for a few short years.

  1.  

Daniel Modise

Ward 02 Vryburg

N/A

The speaker mentions general complaints of power cuts and loadshedding.

  1.  

Maaki

Ward 04 Vryburg

Yes

Speaker supports the Bill. The speaker mentions that she has not had electricity for 3 months despite having tried to engage with Eskom.

  1.  

Lehlogonolo

Ward 04 Vryburg

Yes

The speaker supports the new players in the sector to enable better access to all

  1.  

Thabo Jeo Bathselo

Ward 08 Vryburg

Yes

The speaker supports the idea that the Bill will improve Eskom and enable access. The speaker requests the PCMRE to intervene and assist with an issue in the community where he explains that there is a project in Ext 17 in the community that started 2 years ago which is supposed to enable electricity in 413 houses and this has not taken place.

  1.  

Lethogela Gabonaone

Ward 03 Vryburg

Yes

The speaker suggests that the new companies using different sources such as sun and wind must do research on how they will ensure electricity to all on a long-term basis.

  1.  

Jane Babasi

 

Yes

The speaker supports the Bill

  1.  

Dolly Mokalake

Ward 03 Greater Taung

Yes

The speaker mentions that Eskom has been working on its own and has not performed well therefore the new companies can help the community with electricity access.

  1.  

Onkgomostse Kgongwana

Ward 06

Yes

The speaker mentions challenges with Eskom and this Bill is for the community to enable access. The speaker however cautions that the pricing of electricity must not be too expensive as it currently is with Eskom and the municipality.  The speaker also mentions the challenge in the community is reselling of used electricity voucher to which Eskom has not addressed this issue.

  1.  

Petris Molebalwa

Ward 01 – Ward Committee Member

Yes

The speaker mentions that the Bill must be implemented but states that provisions to prevent corruption must be included in the Bill

  1.  

Precious Selhabetsi

Ward 06

Yes

The speaker supports the Bill.

  1.  

Mangaliso Sikhomba

Ward 02

Yes

The speaker supports the Bill.

The speaker mentions that Eskom needs assistance and new companies can do that.

  1.  

Onkarabetse Moilakgotla

Ward 06

Yes

The speaker mentions that the resources that will be used for electricity must not be coal as this resource is depleting. The speaker mentions that the kilowatt-hour of Eskom distributed electricity is very low therefore the pricing and availability will be less than any other player. The speaker mentions that the pricing must be lowered because it has become unaffordable.

  1.  

Sana Motludi

Ward 03

Yes

The speaker mentions that the people heard about the Bill on Tuesday and came to support the Bill.

  1.  

Elsa Dipitsi

Ward 06

Yes

The speaker mentions that the Bill must be implemented to show that the views of the people are taken into consideration.

 

 

 

Day 3: North West, Dr Kenneth Kaunda District, The Banqueting Hall, Potchestroom, 08 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Shadrack Sebetla

Ward 38 Khuma

N/A

The speaker mentions challenges with Eskom, particularly the long-time Eskom takes to address meter box issues. The speaker further mentions that with the tariffs the changes are not properly consulted or communicated to the people.

  1.  

Thabiso Medupi

Ward 14 Matlosana

Yes

The speaker supports the Bill as proposed

  1.  

Pule Diseko

South African National Civics Organization (SANCO)

Yes

The speaker supports the Bill because he supports the competition that is introduced by the Bill.

  1.  

Gontse Moloutse

 

Yes

The Speaker supports the Bill because it will empower the Minister to address the challenges in electricity generation, and different sources of energy, and distribution. Speaker wants to add the following into the Bill: That the Historically Disadvantaged South Africans (HDSA) must be part of the electricity sector as there are people with skills that can contribute. That the government must still be the majority holder when the unbundling takes place to ensure that government protects the citizens in this new competitive market.

  1.  

Pretty Malope

Khuma Community - Matlosana

Yes

The speaker supports the Bill; however, she does not support some of the competition market aspects. Speaker supports the competition for Eskom.

The speaker mentions concerns of Eskom and its lack of maintenance of its infrastructure which has now caused harm to the community members. 

  1.  

Amelia Ranthonyane

Matlosana

N/A

The speaker mentions that in the community electricity is purchased from the Municipality which is priced very differently and causes people pay but not receive the equal amount of electricity.  The speaker asks that this be addressed in the Bill to protect the community from expensive electricity.

  1.  

Paseka Nzobe

Potchestroom Ward 16

N/A

The speaker illustrates general complaints on electricity and access including the Municipality failure to address complaints regarding electricity.

  1.  

Boitumelo Sebakeng

JB Marks

No

The speaker mentions that the Bill was not workshopped or introduced to the community properly therefore rejects it.

  1.  

Sam Padi

Ward 18 – JB Marks

Yes

The speaker mentions that the community was not informed of the Bill. The speaker mentions clause 15 – benefit of buyer and selling – asks whether the end users will pay the municipality or new companies or Eskom – it is not clear.

The speaker mentions that the licences will go to foreign nationals which will not benefit the people.

  1.  

Castro Benny Molebatsi

Ward 20

Yes

Supports additional infrastructure and additional capacity. Unbundling is the is privatisation of Eskom in disguise. Eskom should take the full responsibility of the electricity industry.

  1.  

Tshepo Maatloganyo

SANCO JB Marks

N/A

Speaker mentions that young people must be trained on import and export of electricity.

  1.  

Aaron Mpotle

Ward 24 Kanana

Yes

Complains that Government is not taking responsibility for its actions, including the failures of Eskom.

  1.  

Simon Makgale

 

N/A

The speaker mentions the issue of destroyed transformers.

  1.  

Lindokhule Nene

MACUA

No

Rejects the Bill because consultation for the public hearings did not go well as can be seen with the attendance. Further adds that he as a resident heard about the meeting via social media instead of being told by the municipality as is the normal process. Speaker suggests that the public hearings must be redone to ensure proper consultation. States that Eskom privatisation will be a problem in the community.

  1.  

Khuliso Nesingani

Business Unity South Africa

Yes

Definition of Direct Supply Agreement  

BUSA submits that although the 2022 and 2023 Amendment Bills introduce a definition of ‘direct supply agreement’ The definition excludes generators, traders, and the system operator as customers. The proviso to the definition must include generators and traders. The National Energy Regulator of South Africa (NERSA) should not regulate the prices of private generators or traders where these private generators or traders are selling to other generators or traders. It is further submitted that the definition should include the Central Purchasing Agency (CPA) and market operator.

Definition of Physical Bilateral Transaction

Amendment Bill defines a physical bilateral transaction as a “transaction entered into by generators, customers, and traders for energy production which involves the conclusion of a power purchase agreement through a central purchasing agency to meet demand and supply as required by the system operator”. BUSA is of the opinion that the term ‘physical bilateral transaction’ seems misleading in the context of the system operator balancing demand and supply. Are there no ancillary services because it is to stabilise the system?  Would distributors not wish to have these ancillary services? In a scenario in which the CPA procures electricity to balance demand and supply, is this bilateral?

 

BUSA further submits that the word ‘physical’ seems misleading and should be deleted. It is therefore proposed that the wording should rather be ‘national bilateral transaction’ or ‘public bilateral transaction’ because it has to do with national interests of balancing the grid. The definition should refer to the CPA, not a CPA.

Definition of Regulated Transactions

The 2022 and 2023 Amendment Bills introduce a definition of ‘regulated transactions’ as ‘transaction that requires regulatory approval or oversight, specifically where the exercise of market power is likely or evident (for example network charges). BUSA understood ‘regulated transactions’ to be transactions that have their tariffs set by NERSA. It is submitted that the definition is misleading because it could include any project that needs to be registered.  ‘Unregulated’ means private and bilateral, and ‘regulated’ means with a regulated entity like the central purchasing agency. This must be clarified.

 

Definition of Transmission Development Plan (TDP)

The 2022 Amendment Bill defines the TDP as the plan for the development of the national transmission power system referred to in sections 34(6), (7), 34(B)(3) and 35(3A) and states that the System Operator is responsible for the development of the TDP (Section 34(B)(2)). The 2023 Amendment Bill deletes this section, as well as the definition of the TDP. Provisions around the mechanics of the development of the TDP have also been deleted. The TDP is referred to in the 2023 Amendment Bill, but not by its defined name. BUSA recommends that the definition be reinstated with correct cross-referencing.

 

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. Below are changes that warrant attention:

(i) The role of the Transmission System Operator (TSO)

  • The 2022 and 2023 Amendment Bills propose the establishment of the TSO, which will manage the competitive multi-market. The TSO will be responsible for transmission planning, operation, and control of the transmission system and market. The role of the TSO is highly relevant and important for future electricity supply and regulation. Although the establishment of the TSO remains the same in both Amendment Bills, the functions of the TSO differ. The functions of the TSO under the 2023 Amendment Bill are less clearly delineated. Multiple functions (transmission expansion plan, forecasting, and dispatch schedules) that were included under the role of the TSO in the 2022 Amendment Bill do not appear in the 2023 Amendment Bill.

(ii)The day-ahead market

  • The 2022 Amendment Bill expressly proposed the introduction of the ‘day-ahead market,’ which is the platform for trading electrical energy. Market participants shall (a) trade energy in the day-ahead market; and (b) supply reserve capacity in the day-ahead reserve market. The introduction of a day-ahead market was a welcome addition to the 2022 Amendment Bill, as it assists in creating an open market of electricity trade in South Africa.

The 2023 Amendment Bill deleted express reference to a ‘day-ahead market,’ and the definition of the term has been deleted. However, section 34(B)(3)(c)(i) may be sufficiently broad to allow for the market operator to determine the market, which may include a day-ahead market based on what best ‘ensures effective and secure operation of the industry’ and the power to determine appropriate time scales. BUSA requests that there should be clarification regarding the meaning and scope of this provision.

  1.  

Daniel Choma

Organisation for the elderly

No

Rejects the Bill because not enough time and information was shared with the community to properly make a submission.

  1.  

Ntaoleng Tsubella

Kanana Ward 36

MACUA/WAMUA

No

 Rejects the Bill because consultation for the public hearings did not go well as can be seen with the attendance. Further adds that he as a resident heard about the meeting via social media instead of being told by the municipality as is the normal process. Speaker suggests that the public hearings must be redone to ensure proper consultation. States that Eskom privatisation will be a problem in the community.

  1.  

Simon Motsie

Dr. Kaunda

No

The speaker mentions concern of the pricing and affordability of electricity for the community therefore rejects the Bill.

  1.  

Thandi

Kanana

No

The speaker mentions that she doesn’t support or rejects the Bill as no knowledge on the Bill was conducted.

 

 

Day 4: North West, Bojanala Platinum District, JM Ntsime High School, Mogwase, 09 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Brian Phiri

Ward 34 Councillor Rustenburg/ SANCO Convenor

Yes

The speaker supports the Bil as proposed.

  1.  

Molefe Matla

Lethabong Ward 88/ SANCO Member

Yes

The speaker mentions that the Bill has many significant amendments. The speaker states that the people must benefit and not just the foreign nationals and the new companies that the Bill wants to bring.

  1.  

Michael Tshepo Legodi

MACUA/WAMUA

No

The speaker states that the Bill was only circulated today which is not fair to then make a comment on it today or indicate whether people support it or not.

The speaker further states that people in the rural areas are not aware of this and decisions are taken on their behalf. The speaker states that privatisation of Eskom will not benefit the people as Eskom still has the same issues and this privatisation will not solve it at all.  The speaker suggests that this process be restarted to afford all people to know about it and comment on it.

  1.  

Phumlani General Mduli

ANC

No

The speaker states that the price of electricity is already so expensive, and this benefits specific companies and does not benefit the people.

  1.  

Jeslina Nwabisa Thwesha

Ward 40/ SANCO Regional Member

Yes

The speaker states that the North West has a lot of minerals and people do not have access to the minerals.

  1.  

Meshack Mbangula

MACUA

No

The speaker mentions concerns about the public participation process and lack of information sharing with people who will be affected by the Bill.

  1.  

Daisy Moweng

MACUA

No

The speaker mentions that the public participation organisation is poor as there was lack of communication. Information and in a very short space of time was given for people to familiarise themselves with the Bill in order to properly comment or support the Bill.

  1.  

Sekoboane Tiny

 

N/A

States that North West has minerals but have high unemployment rate. People in her village do not know about the public hearings. She cited general problems she has with Eskom

  1.  

Gundani Tshikota

MACUA/WAMUA

No

The speaker mentions that the importance of proper public participation and the consultation requirement from the Constitution. The speaker mentions that for upcoming public hearings they be informed well in advance. Concerns about the public consultation process. He stated that if it were not for his organisation, the hall was going to be empty if his organisation had not mobilised its people. He indicated that his organisation would litigate or challenge the public consultation process in Limpopo, North West and Mpumalanga.

  1.  

Boitumelo Mafora

MACUA/YAMUA

No

The speaker asks about the defects of privatisation to the people

  1.  

Virginia Mathe

Ward 10 Sandfontein

No

 States that she has no hope that the electricity situation will improve.

  1.  

Thabo Nkgobo

Ward 5/ Branch Co-ordinator MACUA

No

The speaker rejects the Bill because of poor public participation for the public hearings and lack of information sharing on the Bill.

  1.  

Thato Mogwase

Ward 33 Councillor

Yes

The speaker suggests that the public participation must include the Councillors to ensure everyone is informed of the planned hearings. Supports the Bill because it opens up licensing to everyone. It allows subcontracting that the subcontractor does not have to apply for license as well.

  1.  

Julia Mathebula

MACUA/WAMUA

No

The speaker rejects the Bill because public education was not properly done. The advantages and disadvantages of the Bill were not explained to the people. The Department of Mineral Resources and Energy (DMRE) is already failing the people and will fail the people with this ERA Bill.

  1.  

Khuliso Nesengani

BUSA

Yes

The speaker supports the Bill: See BUSA submission above. 

  1.  

Thandixolo Wanna

SANCO / Ward 28 Lethabong

N/A

The speaker mentions that he is unsure on whether to accept or reject the Bill.

The speaker states that the public hearing attendance is only representative of a small group of the community which is a problem.

  1.  

Jeremiah Fourie Khunoaha

SANCO/ Ward 27 Lethabong

Yes

The speaker supports the Bill.  Section10 on the Bill – suggest that the community should be able to participate in the licensing and not just foreign nationals or companies. The speaker asks for monitoring of the Bill to ensure proper implementation.

  1.  

Nkekdi Letlape

Ward Councillor Moses Kotane 26

Ye s

Supports the Bill but adds a concern that communication and dissemination of information on the public hearings was a big problem. All Councillors received letter from the Office of the Speaker.

  1.  

Athiphila Tabane

Ward 40 Rustenburg/ ANC Member

N/A

The speaker mentions concerns of the lack of information in the community on the Bill therefore states that she cannot support or reject the Bill. The speaker mentions that communication in the community is poor. The date of the public hearing as during the week is also an inconvenience and does not allow for people in the community to participate as they are at work.

  1.  

Peter Sithole

SANCO

Yes

The speaker mentions concern of the meeting as there was lack of information, and short space of time to convene and participate in the process. The speaker mentions the concern of power cuts and the management of generators.  The speaker requests for the implementation of the Bill to take place speedily.

  1.  

Jerry Nakedi

Lethabong Gardens Ward 28 / SANCO

Yes

The speaker mentions concerns with Eskom and access to electricity.

  1.  

Thabo Ndlovu

SANCO

Yes

Speaker had general comments on ANC, Eskom, and electricity challenges.

 

 

6.9 Free State

 

 

 

Day 1: Free State, Mangaung Municipality, Samson Sefuthi Hall, 28 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Masapo Tshokolo

African National Congress (ANC)

Yes

The speaker mentions that in the electricity sector there is major issue of corruption in supply chains because big tenders are going to one person consistently. Therefore, there needs to be monitoring of this and change to ensure that the monies change people’s lives for the better not just an individual.

  1.  

Tumelo Pitso

ANC

Yes

The speaker mentions that there are certain aspects that he supports and others he does not. The speaker asks how tariffs are determined. He mentions that currently the tariffs do not consider the context of the people, as most people cannot afford electricity. The speaker mentions the unbundling of Eskom. The speaker mentions that transition should be considered with the unbundling specifically the way in which energy is generated. The country must have carbon free lights at household level therefore this must be taken into account with the unbundling.  The speaker mentions that the electricity box must have measures in place to ensure the safety of the box and curb the illegal connections or Eskom must find a way to track where illegal connections are being used and arrest individuals using electricity through illegal connections. The speaker supports that the National Energy Regulator of South Africa (NERSA) regulates the tariffs.

  1.  

Alfonso Mokotjo

ANC/ Ward Committee Member

Yes

The speaker mentions that he has faith that once the Bill is operational, the Bill will help the community to have access to electricity.  The Speaker mentions that when the electricity is cut in the community it is usually done by the Councillor in the community which the Bill must prevent from happening. The speaker requests that Parliament ensures that the Bill brings change to the people in the community with regards electricity.

  1.  

Matshidiso Bahlekaza

ANC

Yes

The speaker mentions that the cable theft is a big problem and suggests that the cables must rather be aluminium from metal, and/or for the cable to be underground to curb the crisis.

  1.  

Molebogeng Goodman

ANC/ Ward Committee Member

Yes

The speaker mentions the problem of cable theft in the community. The speaker mentions that the elderly people are also experiencing this challenge which makes them very vulnerable and causes corruption as they are unable to resolve the issue themselves and therefore resort to paying bribes but still do not receive the reconnection or electricity. The speaker mentions that the Bill must address the vulnerable people and how the electricity crisis is negatively impacting them. The speaker mentions that cable theft must be heavily criminalised. 

  1.  

Teboho Mokhothu

ANC/ Ward 27

Yes

The speaker mentions the challenges of poverty and unemployment which is linked to the increase in illegal connections and cable theft as a means for people to feed themselves and their families.  The speaker also mentions that nothing is being done to the known thieves and syndicates which is making the problem of cable theft and illegal electricity connections worse. The speaker mentions that the challenge of loadshedding and that people who pay for electricity should receive electricity. The speaker further mentions the challenge of units which are lower than the amount paid – states that Centlec (power supply entity in the area) must be investigated.

  1.  

Vusi Geveza

 

N/A

The speaker asks how loadshedding can be eradicated because this will enable the cable theft to be eradicated. This is because when the electricity is on, people cannot steal the cables.  The speaker asks what happened to the R38.5 billion given to Eskom to build new generation capacity. Loadshedding is still taking place and the infrastructure and cable theft is rife.

  1.  

Enoch Moware

ANC/SANCO

Yes

The speaker supports the Bill but has an issue with NERSA. The speaker suggests that NERSA has a Monitoring and Evaluation (M&E) component to ensure when tariffs are done in such a way that the poor people are taken into consideration. The M&E component must also include the people who have experience in the poor community to fully understand the electricity access and affordability issue for most south Africans. The speaker mentions supports that the license allocation is overseen by NERSA and supports the competition and the companies assisting Eskom. The speaker mentions that this will ensure accountability for each aspect of the sector, being generation, transmission and distribution.  The speaker asks whether the competitive private sector companies will also use the same tariffs as Eskom or not. The challenge is that this could create a problem for the community in terms of affordability. The speaker request the Portfolio Committee on Mineral Resources and Energy (PCMRE) to monitor the regulation of the third party suppliers in the sector.

  1.  

Matshidiso Majoding

ANC/Ward Committee Member

Yes

The speaker mentions that she buys R600 of electricity a month and this still does not last the entire month, but this is not the same situation for all households in the community. The speaker therefore states that she suspects that someone is using her electricity as well. She therefore asks whether there can be monitoring of this aspect. The speaker mentions the issue of cables in the community. She mentions that the timeframe for replacing the cables is too long and asks what exactly the time frame is to service/repair the cables

  1.  

Mzwanelo Hlazo

 

Yes

The speaker mentions that the Bill seems to be the fulfilment of the President promise of the transformation of generation, transmission and distribution.  The speaker however asks what is different now than during the former Apartheid government. The speaker mentions that the impact of NERSA for the community is not beneficial because people still cannot afford electricity and the community is not told about the prices for electricity.  The speaker asks if it is possible for the community to generate their own electricity which he believes may be a better option than what is currently happening.

  1.  

Thato Sehloho

CPF Member

Yes

The speaker mentions the problem of cable theft and the 5 years in the Bill is not enough, the speaker proposes that it must be 10 years because the cable thieves seriously negatively impact society. The speaker also requests for CPF (Community Police Forum) to be better empowered through their rules and regulations to address cable theft effectively.

  1.  

Mbone Modise

Thaba Nchu

Yes

The speaker supports the Bill in its entirety and believes the Bill will help move the people forward. The speaker ask for the PCMRE to work with Cooperative Governance and Traditional Affairs (COGTA) which represents traditional houses. This is because some communities belong to the traditional authority which works differently from municipality for electricity access. For the traditional authority, the Chief will give you a piece of land and the challenge will be access to electricity which is a municipality mandate. As a result, people live without electricity in traditional authorities. This is also related to water access. The speaker mentions the issue of illegal connection. The speaker mentions that the reporting of illegal connection must be clear in other words where exactly must people go and progress/updates must be provided.

  1.  

Taole Mokhele

MACUA

No

Complaints about the poor public consultation process, and no free, prior and informed consent.

  1.  

Johnny Mokgetla

ANC

Yes

The speaker mentions that there is high unemployment, no jobs and the electricity is very high meaning life for many people is very difficult. The speaker asks whether it is possible to buy electricity from other entities rather than Municipalities service providers such as Centlec.

  1.  

Doreen Kgomo

Ward 12

N/A

The speaker mentions the problem of foreign nationals in the community which commit criminal acts and are never arrested or at times the people say they cannot be arrested in South Africa because they are not South African. The speaker mentions the new meter box takes much more electricity than the previous one and needs to be addressed. The new box also enables easier ways for cable theft and illegal connections.

  1.  

Tshidi Mogwera

ANC

Yes

The speaker mentions that loadshedding is as a result of overcrowding in the country. The speaker mentions that the infrastructure cannot take the number of people in the country.  This overcrowding also causes increases the likelihood of cable theft in the community and this also leads to illegal connections. The speaker mentions that there needs to be a different strategy for the cable material so there is no market for it, or alternatively there must be only one scrap yard and all other scrap yards must be closed down. The scrap yard must also be far from the community. The speaker mentions that mechanisms need to be put in place for the community to know why there is power failures because people do not know whether power cuts are as a result of loadshedding, or cable theft or what has caused the power failures.

  1.  

Sipho Radebe

MACUA

No

The speaker mentions that the sale of materials from scrap yards is not local it is for an international market.

  1.  

Sello Malebo

Ward 18

N/A

The speaker mentions that the community must be engaged before the Bill is presented to the community for hearings. The speaker mentions the challenge of illegal connections and cable theft in the community.

  1.  

John Modise

Ward 14 Thaba Nchu

Yes

The speaker mentions that ordinary people of the community do not know anything about cables therefore the cable theft is Eskom employees working with community members. 

  1.  

Astone Chaole

MACUA

No

Complaints about the public hearings process and does not support the unbundling of Eskom

  1.  

Isaac Stayitayi

Bloemfontein

Yes

New generation capacity must be built instead of trying to rebuild Eskom.

 

 

 

Follow Up of Day 2 October 29, 2023, Hearing: Free State, Bohlokong New Hall, Dihlabeng Local Municipality , 26 January 2024.

Name

Organisation

Support Yes/No

Reasons

  1.  

Tsietsi Ncongwane

ANC

Yes

The speaker mentions that as an organisation, the ANC decided to promote the Bill as it will create employment.  The speaker supports the arrest of the people that destroy and damage electricity infrastructure.

  1.  

Margret Molehei

Pholoso Skills Development and Training

Yes

The speaker supports the Bill and further raises 5 points/questions:

  • Who is responsible for the electricity supply in South Africa? She states that the distribution and supply must be shared between Eskom and municipality.
  • The speaker mentions that loadshedding is due to poor planning therefore to avoid loadshedding Eskom must reduce demand.
  • The speaker mentions that in 1948 Eskom bought out the Victoria and it is unclear what happened with this and asks for answers in this regard.
  • The speaker mentions that the power stations are still not completed, and others are overused based on research, which has resulted in the electricity crisis.
  • The speaker mentions that Eskom is in deep financial trouble because of poor planning and implementing plans that were not necessary.
  1.  

Maletsatsi Mosia

Ward 17

N/A

The speaker mentions that the people in the community have extended the properties and created rooms to rent. The speaker mentions that when the people approach Eskom to add an additional box to meet the demand, Eskom mentions that the people are not able to have two boxes on the property, therefore the speaker asks why this is the case.  The speaker mentions that the number of units and the price paid does not make sense. For example, electricity for R400 is 200 units which is a problem for the many unemployed people in the community. The speaker mentions that when this issue is addressed with ward councillors, they are not given enough information therefore the speaker asks how this can be rectified.

  1.  

Seabi Seabi

CDW Ward 19

Yes

The speaker mentions that the National Energy Regulator of South Africa (NERSA) powers must remain as they perform an important function. The speaker mentions that the people who damage and steal electricity infrastructure must be charged with sabotage not theft to ensure a harsher penalty. The speaker mentions that the Minister of Energy must have the relevant qualifications.

  1.  

Katlego Mosikili

ANC

Yes

The speaker mentions that Eskom must make use of the demarcation officer of the municipality in order to work together to ensure that the people’s problems can be addressed more effectively.  The speaker adds that Eskom should have outlets/branches closer to the community to ensure that electricity problems can be addressed directly.

The speaker mentions that the skills of Eskom must be upgraded to ensure quality service

  1.  

Thapelo Motsoeneng

Ward Community Member

No

The speaker mentions that the distribution of electricity must be a municipality function. The speaker mentions that those that damage electricity must be arrested for life.

  1.  

Tumo Mafisa

Ward 11 / EFF

No

Our understanding is that this Bill is talking about the privatisation of a new generation of electricity. We do not understand how the National Treasury and Parliament can agree to a Bill that gives Eskom additional funding with a condition that says the money cannot be used for building additional generation capacity. This is the privatisation of a national strategic competence, and the Bill seeks to leave it in the hands of people whose only interest is profit above all. We reject that Bill because it privatise Eskom in a manner that that there will be few people who benefit from infrastructure that was built by taxpayers money, yet they come in the last minute to begin to enjoy the benefits while the rest of us are subjected to electricity blackouts on a daily basis. It is our view that these companies that are being established serve to separate strategic assets from billions of Eskom debt to make privatisation possible. We reject the Bill that should be called electricity privatisation Bill because the Bill is addressing the issue of privatisation of generation of electricity, but it is silent on the cost of electricity that millions of workers cannot afford.  We are choosing to sit in the dark, even when there are no blackouts sometimes, because we cannot afford electricity. Even when the proposed amendment of Section 15(2) says that the act will not allow for all these private companies who will not get a licence will not charge more than approved, the reality is that there is no control of electricity prices in South Africa. When the Regulator approve certain prices, those who are selling electricity simple pass down cost as administrative to end user, and we end up paying different prices depending on whether on whether we are buying our electricity from Eskom, the Vendor or the Municipality. The Bill has failed to appreciate the basis for South Africa’s energy crises. The primary reason we have electricity blackouts is simple fact that we did not build new generation on time, and when we started, workmanship was pure thievery and corruption. This is why today we do not have Kusile and Medupi working properly. This was made by the deliberate collapse of Eskom between 2018 and today to allow for Independent Power Producers (IPPs) to find expression even when they add no material value to the grip of the South African economy. 

  1.  

Peter Mueller

Ward 18

Yes

The speaker mentions that the municipalities owe Eskom a lot of money. However, in the Bill there is no protection for the end user to ensure that even if the customer, which is the Municipality defaults, the end user that is the residents are protected and are not affected.

  1.  

Sibongile Makhubo

Ward 18 / ANC

Yes

The speaker mentions that in her ward there are many problems including lack of access to electricity which affects the children when they need to study. The speaker mentions that the purchase of electricity is from the municipality however, when there is loadshedding everyone is affected including those that buy electricity from the municipality, which is not Eskom, therefore they should not be affected.  The speaker mentions that those that damage to electricity infrastructure includes Eskom employees.  The speaker supports the Bill as it will enable employment and business opportunities.

  1.  

Letlapo Nhlapo Majara

Ward 4 Community Member / Persons with Disability

Yes

The speaker mentions support of the Bill only if the Bill enables transformation of for poor people. For example, if poor people can have shareholding in Eskom. The penalty of 5 years imprisonment and R 1  million is insufficient, speaker suggest that there must be a R100 million fine.  The Bill must ensure that poor people are benefiting and it must be stipulated explicitly in the Bill how the people will benefit from the Bill and/or from buying electricity.

  1.  

Lefu Malaba

Clarens/ANC

Yes

The speaker mentions support of the competition in the market and mentions that it is important that when the new entrants come in, it must be high quality people with the relevant qualifications. The speaker mentions that this Bill will assist with unemployment in the country. The speaker mentions that the fact that the private sector is not setting the price is good and NERSA must be supported. The speaker mentions that the fact that the Bill enables electricity to be sold back to Eskom is very good and will incentivise people to generate their own electricity and use it sparingly. The speaker mentions that the implementation of the Bill will result in no loadshedding. The cable theft penalties must be harsh and suggests a 15-year imprisonment rather than the 5 years proposed in the Bill. The selling points/shops for electricity must be accessible to the people and not too far away from people’s homes. 

  1.  

Kwena Mokoena

Ward 16

No

The speaker mentions that he applied for electricity infrastructure and had no access to electricity for 3 years and there is still no response and access to electricity.

  1.  

David Mokwena

Ward 6

N/A

The speaker mentions that Eskom must use its money well and to address the loadshedding issues and ensure electricity access to all. The speaker mentions challenges with the meter boxes which do not work and Eskom had not resolved them

  1.  

Pheetlo Tsoietsi

Ward 2 / BBSP Crime Prevention Organisation

N/A

The speaker mentions that in the area the residents are negatively affected by crime committed by Lesotho nationals specifically with regards to cable theft. The issue is that Lesotho nationals come in and out of the country and are never arrested which makes the situation untenable for the community and for electricity access.

  1.  

Fumane Tsotetsi

  •  

N/A

The speaker mentions that Eskom offices are not accessible in the area. The speaker mentions that the billing includes fines that go back 8 years and the speaker would like clarity on why these things are taking place.

         

  1.  

Roy Jacobs

ANC

N/A

The speaker mentions that he comes from a small poor community. The speaker mentions that there is a 60/40 split with 60 going to municipality. Most of the people in the community are indigent and this split forces the people to fall into arrears and not afford electricity access. The speaker mentions it will be easier for people to have an option to buy electricity directly from Eskom.

  1.  

Mzingeli Ngqubuka

Ward 1 / ANC

No

The speaker mentions that the Bill is one side when it comes to Eskom. For example, when the price rises the units drop. The speaker asks for NERSA to look into this matter

  1.  

Mathapelo Motloung

Ward 16 / Women’s League/ Safety and Security

Yes

The speaker mentions that for landlords that use one meter box for multiple people due to extended rooms, Eskom must assist the landlords to have more than one box on the property to meet the demand. For each person to have their own meter boxes.

  1.  

Joel Mavundla

  •  

Yes

The speaker mentions that he supports the competition in the market as he believes it will enable better service delivery to the people.  The speaker mentions problems with the electricity charges which includes mark up by the tuck shop owners and additionally the electricity is less than the amount paid therefore the end user is penalised twice.

  1.  

Mandla Hadebe

BBSP

N/A

The speaker mentions that the crime rate is determined by the rate of loadshedding, when the lights are off the crime rises. The loadshedding also causes unemployment due to shops and businesses closing. The speaker mentions that in the community there are families that are indigents, poor, and very vulnerable that need electricity access and this must be taken into account when this Bill is deliberated in Parliament.

  1.  

Mgeda Mbuzela

Farm Areas Representative

N/A

The speaker mentions that the transformers on the farms are being stolen which affects the employment rate because less electricity means less money for the farm to spend for workers.

  1.  

Mosea

Ward 15 Committee Member

N/A

The speaker mentions that he comes from the farm areas, which has been under serviced since 1994.

 

 

Follow Up of Day 3 October 30, 2023: Free State, Ferdy Meyer Hall, Matjabeng Local Municipality Municipality, 27 January 2024

Name

Organisation

Support Yes/No

Reasons

  1.  

Mapaseka

Ward 13

Yes

The speaker mentions challenges of electricity access in the area and states that the Bill is a good approach to mitigate the challenges experienced and it will ensure all have access and end loadshedding/power cuts.

  1.  

Molefe Mosala

Ward Committee Member

Yes

The speaker mentions the challenge of the tuckshops selling expensive electricity to residents in the area. The speaker adds that the electricity from Eskom is cheaper and far more units therefore there is a need for this to be accessible to the people, not just electricity from tuckshops. The speaker mentions that cable theft must be punishable and agrees with the penalty of the prison sentence and fine to ensure consequences. The speaker mentions the need for indigent persons are considered in the amendments.

  1.  

Qekisi Lerato

Ventersburg

Yes

The speaker mentions support of the cable theft penalties and suggests a 10-year sentence of imprisonment.

  1.  

Mpho Gift Mokoena

Phomolong

Yes

The speaker mentions that the Bill must ensure that the Municipality, NERSA and Minister enables that the unemployed persons to have access to electricity or that there is a criteria that is applied for certain persons to not be affected by electricity price increases.

  1.  

Thobatsi Melato David

Ward 01 Ventersburg

Yes

The speaker mentions that the tuckshops are selling expensive electricity, that is much more than the electricity bought elsewhere. The speaker mentions that the hospitals are affected by the electricity challenges.  The speaker mentions that solar energy must be used to generate electricity and for NERSA to regulate this aspect.

  1.  

Danny Menyatso

Ward 29 Ward Committee Member

N/A

The speaker mentions that there is an issue with NERSA tariffs and not prices. The speaker concern is that the NERSA increases the tariffs at a very high rate. The speaker mentions that as a solution, there must be prepaid meters in every household.  The speaker mentions that NERSA does not consider the lived experiences of the people and inflation.  The speaker supports competition for Eskom and states that it will provide the end user with alternatives. The speaker mentions that the unbundling process must not be similar to that of South African Airways.

  1.  

Sepati Ramaphai

Ward 30

Yes

The speaker mentions that in ward 30, there is load reduction and this has caused a huge challenge in the community especially for the elders.  The speaker mentions that this issue has been raised with Eskom but the response has been that the cable theft affects access to others in the community. The speaker mentions that the cable theft is connected to the people working in Eskom therefore supports the penalties and fines of those who are guilty. The speaker mentions that NERSA regulating tariffs and not pricing has no difference to the community because the price of electricity from all the places where electricity can be bought is very expensive,

  1.  

Molife Masilo

Ward 01

Yes

The speaker mentions that the cable theft issue is a challenge but must be addressed by arresting all persons in the value chain including the bosses involved in the sale of cables.  The speaker asks if it possible to reduce the price of electricity because it has become very expensive. The speaker mentions that law enforcement needs to have unscheduled visits to Eskom to ensure that they do not hide things and ensure accountability, and this visit must include South African National Defence Force (SANDF) officials. The speaker mentions that the tuckshops which has Indian owners charge high rates of electricity must be investigated by NERSA. The speaker mentions that the licenses mentioned in the Bill must go through a heavy due diligence.

  1.  

Elisa Makhooe

 

Yes

The speaker mentions support of the competition the Bill proposes for Eskom as she believes it will benefit the end users. The speaker mentions that NERSA must regulate the pricing of the electricity units sold by tuckshop owners.

  1.  

Elizabeth Chauke

Ward 17

Yes

The speaker mentions that there is corruption within Eskom and every interaction with the offices requires people to pay a bribe even to fix boxes which is the daily job of the officials. The speaker mentions cable theft penalties is she is in full support of. The speaker mentions that the price of electricity is too expensive which makes it inaccessible to the poor people. Further adds that the maintenance of the meter box is not done.

  1.  

Ms Nancy Mosiyekedi

Ward Committee

Yes

The speaker mentions that fines for cable theft and infrastructural damage are too little, they should be increased.

  1.  

Ms Pitsi

Community Member

Yes

Speaker asks that that the 1 million and 5 years be enforced. Speaker also mentions that crime tends to increase when there is no electricity.

  1.  

Ms Zanele Mzweni

Ward 38

Yes

Speaker mentions that the country should take youth to exhibitions so that they get to learn about various trades, including electricity.

  1.  

Zanele Mzweni

Phomolong

N/A

The speaker mentions that loadshedding is affecting the people and suggests afternoon slots of power cuts, as it does not disrupt lives in the same way as the morning and evening slots. The speaker mentions that the security in the area is very poor which influences the rate of cable theft therefore suggests that the security must be strengthened.

  1.  

Vuyo Lethabo

  •  

Yes

The speaker mentions that the cable theft and damage to infrastructure must have a life sentence penalty.  The speaker mentions that NERSA must engage with Eskom to improve the coal power stations

  1.  

Diketsong

Ward 07

Yes

The speaker mentions that the people guilty of cable theft must be arrested.

The speaker mentions service delivery issues unrelated to the Bill.

  1.  

Malibiso Molefo

Ward 19/ Business Forum Ward 19

Yes

The speaker mentions that the hearing should go to the townships to engage with more people. The speaker mentions that business is heavily affected by loadshedding however views the Bill as a way in which the businesses in the area can survive and create further employment.

  1.  

Mofokeng Johanes

Ward 4 Thabong

Yes

The speaker mentions that NERSA must be held accountable to the issues raised on tariffs. The speaker mentions supports the provisions that penalises the cable theft and damage to electricity infrastructure

  1.  

Topi Mofokeng

Ward 23 Committee Member

N/A

The speaker mentions support of the licensing and requests that the licensing process must be affordable and accessible to all persons, not just those with resources.  The speaker mentions that cable theft must be heavily penalised.

  1.  

Mary Phukuda

Thabong

Partially Support

[Written Submission]

The writer mentions the need for Eskom to render services regarding her meter box. She mentions that on 27 November 2023 she paid R480 to transfer her meter and pay dues however, but no transfer has taken place and she has no access to electricity as it doesn’t reflect that she has paid her account. She is asking for the committee to assist her in this regard

  1.  

Sabata Letsele

Thabong

Yes

[Written Submission]

The writer mentions that ever since the electricity infrastructure was installed in the area there is still no access to electricity. The writer mentions that all attempts to address the issue has not led to results and asks for the committee to investigate Eskom and assist the community to find out why they still do not have electricity.

 

 

 

 

Day 4: Free State, Metsimaholo, Multi-purpose Sport Centre, 31 October 2023

Name

Organisation

Support Yes/No

Reasons

  1.  

Maserame Motaung

ANC

Yes

The speaker mentions the challenge of a 60/40 split where only 40% of the amount paid for electricity is the actual units available to enable electricity access. The speaker requests that this split changes as it is detrimental to the unemployed, and poor people in the community.

  1.  

Thabo Seisa Joseph

ANC

Yes

The speaker mentions the challenge of loadshedding in the evening and asks whether it is possible to change this loadshedding during the day as power cuts in the evening negatively impacts the community and enables cable theft.

  1.  

Vusi Mvundla

ANC

Yes

The speaker mentions unaffordability of a solar system for many people and that it cannot be a solution for the end of loadshedding as a result.  The speaker mentions that internships should be available to the youth in order for the youth to know about the electricity sector, Eskom and the renewable sources of energy.

  1.  

Mafetsana Mokoena

Zamdela Ward Committee

Yes

The speaker mentions that the problem in the community is overcrowding which affects electricity access. The speaker asks for interventions on cable theft and illegal connections and recommends solar energy as an option to address cable theft. The speaker also mentions that the youth must be considered in electricity provisioning as they are currently struggling. The speaker mentions that municipalities must be monitored in order to understand which houses have electricity, and which do not.

  1.  

Tebogo Theodore Masala

ANC

Yes

The speaker mentions that when there is power failures in the community it is at times as a result of cable theft therefore recommends that the Bill must not offer a fine but must arrest the people found guilty of cable theft and illegal connections.

  1.  

Abraham  Ngwane

Resident of Zamdela/ ANC

Yes

The speaker mentions that the issue of number of units versus the amount purchased for the electricity is a huge challenge mostly for pensioners in the community.

  1.  

Kenny Maya

Ward 11 Ward Committee / ANC

N/A

The speaker mentions the challenge of units available which is less than the purchase price for electricity. The speaker mentions the disadvantage of not having the Bill prior to the public hearings in terms of effectively participating and contributing to the process. The speaker mentions 30 clauses that are amended and states that without reading it prior he will not be able to determine which ones will he agree with and which one he does it not. The speaker mentions that loadshedding is a manmade problem which the Bill must speak to.

The speaker mentions that when cables are stolen the municipality mentions that a payment is required which is a problem and unaffordable

  1.  

Lindiwe Shongwe

SACP/ Councillor

N/A

The speaker mentions that the community has both municipal and Eskom providing electricity to which the community states that the municipality rates are too expensive.  The speaker mentions that in the Zamdela Integrated Development Plan (IDP) there is a request that a specific Sasol related entity in Sasolburg provides electricity. The speaker asks a question on the licensing, asks whether the Sasol entity will be able to sell and provide electricity to the community. Also asks what this licensing means for the municipality, and whether there will be competition for the municipality and whether the regulation will be the same for all role players.

  1.  

Mapule Mofokeng

Ward Councillor 5

N/A

The speaker asks that the licensing requirements enable the youth with businesses to participate and produce electricity. The speaker mentions that harsh sentences are required for those stealing cables and illegal connections. That these individuals must have criminal records and not just arrested and soon thereafter released. Speaker suggests anything more than 3 months jail sentence.

The speaker mentions the need for the tariffs regulation to take the poor people into consideration and be affordable.

  1.  

Khuliso Nesengani

BUSA

Yes

Section 34 – Additional Electricity, New Generation Capacity, and Electricity Transmission Infrastructure

Section 34 is a key section that has been amended significantly in both iterations of the Amendment Bills. We have identified a few changes which warrant attention, including the following:

 

Vesting contracts

Section 34B(5)(c)(ii) of the 2023 Amendment Bill provides that it is a function of the CPA to conclude vesting contracts with Eskom generators and/or distribution licensees to manage the transition to a competitive market. The 2023 Amendment Bill defines vesting contracts as a contract between the National Transmission Company South Africa SOC Ltd and an Eskom generator or a distribution licensee, for the sale of a specified amount of electricity at a specified price as a mechanism to facilitate the transition to a competitive market. BUSA needs an insight into the implications of the conclusion of vesting contracts. It is key that Eskom prices competitively, and that the competitive market is retained. If vesting contracts result in Eskom having a guaranteed off taker, while the private market does not, the competitive market is undermined. The Eskom generation price should be regulated, and the pricing of these contracts must be approved by NERSA. The addition of the words ‘as approved by the Regulator’ would provide clarity in this regard.

 

The Central Purchasing Agency (CPA)

Section 34B (5) refers to a CPA. BUSA questions how many central purchasing

agencies there will be. Should this be amended to the CPA? Section 34B(5)(c) of the 2023 Amendment Bill is inconsistent with the definition of the

CPA, which states that this entity is only formed for the duration of the transition to a competitive market. The central Purchasing Agency’ is defined as an entity assigned to fulfil the role of the wholesale buyer to maintain system integrity during the transition to a competitive electricity market. As BUSA, we propose that the words ‘during the transition to a competitive electricity market’ be deleted from the definition, so that the CPA is not restricted to performing functions during the transition period.

  1.  

Ntswaki Motolo

Ward 6

N/A

The speaker mentions that she has a number of challenges as a youth in South Africa. The speaker applauds the use of sign language in the meeting as it is not available in the departments and municipality, even in the courts.  The speaker mentions that people cannot fight for electricity but also not pay for rent which affects availability of electricity. The speaker mentions that the cable theft is as a result of youth unemployment therefore requests for job. The speaker mentions that when there are issues of electricity most of the time the municipality mentions no staff and states that the youth unemployment is so high that they should be employed in the sector which will also improve the situation.

  1.  

Nokuthula Mtshali

Ward 10

Yes

The speaker mentions the issue of electricity pricing which is too high. The speaker adds that food is also very expensive which causes high crime rate. She recommends subsidising of electricity and food. The speaker mentions the issue of unemployment and mentions the need to create jobs for them as unemployment is also causing a high crime rate and can help with the poverty in the community.