ATC240308: Report of the Portfolio Committee on Mineral Resources and Energy on the Electricity Regulation Amendment Bill [B23 - 2023], dated 08 March 2024

Mineral Resources and Energy

Report of the Portfolio Committee on Mineral Resources and Energy on the Electricity Regulation Amendment Bill [B23 - 2023], dated 08 March 2024

The Portfolio Committee on Mineral Resources and Energy (hereafter, the Committee), having considered the Electricity Regulation Amendment Bill [B23 - 2023] (National Assembly – section 76), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports the Bill with amendments [B23A - 2023], as follows:

1. Purpose of the Bill

The Bill seeks to amend the Electricity Regulation Act, 2006, so as to delete, amend, and insert

certain definitions; 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. Process followed by the Committee in processing the Bill

The Bill was tabled in Parliament, by the Minister of Mineral Resources and Energy. and referred to the Committee on 23 August 2023.
The Committee was briefed by the Department of Mineral Resources and Energy on the Bill on 06 September 2023.
The Bill was published for public comments in local newspapers in during September 2023 and the deadline for public submissions was Friday, 13 October 2023.
A total of 55 written submissions were received from various stakeholders and individuals.
Stakeholders who indicated their interest in making oral presentations on their submissions to the Committee were invited to do so on 07 December 2023.
Post the virtual public hearings on 07 December 2023, the Department of Mineral Resources and Energy, was invited on 12 December 2023, to provide responses on the written submissions.
Post the provincial public hearings, the Department of Mineral Resources and Energy was invited on 14 February 2024 to provide responses on the Committee’s consolidated provincial public hearings report.
In line with its mandate of processing legislation, the Committee conducted Provincial Public Hearings on the Bill from 26 September 2023 to 29 January 2024 in all nine (9) provinces. There were 7 011 participants who attended the public hearings across the nine (9) provinces. Of the 7 011 participants, 1 182 made oral submissions on the Electricity Regulation Amendment Bill.
The Committee held its deliberations on the Bill on 20, 21, 22, 27, 28 February and 01 March 2024. The Committee considered the Bill in its entirety.
The Committee proceeded with the formal stages, relating to clause-by-clause deliberations on 08 March 2024.
There was general agreement and support for the Bill, by the Committee, whilst noting the Democratic Alliance (DA) objection to the following clauses: 1, 4, 35B.

3. Committee decision on the Bill

The Portfolio Committee on Mineral Resources and Energy, having considered the subject of the Electricity Regulation Amendment Bill (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports the Bill with amendments [B23B – 2023].

Report to be considered.

Documents