- The National Energy Regulator of South Africa (NERSA) has officially gazetted its newly approved rules for conducting tribunal proceedings, a move aimed at strengthening oversight and improving regulatory efficiency across the country’s electricity, gas and petroleum pipeline sectors.
The rules, developed under the Electricity Regulation Act of 2006, the Gas Act of 2001, and the Petroleum Pipelines Act of 2003, outline the procedures NERSA must follow when convening a tribunal. Such tribunals are held to consider matters brought under section 26(2) of the Gas Act, section 25(2) of the Petroleum Pipelines Act, and section 18 of the Electricity Regulation Act. These proceedings may include issuing compliance notices, adjudicating licence contraventions and imposing administrative fines.
Under section 18(1) of the Electricity Regulation Act, NERSA may sit as a tribunal when allegations arise that a licensee has failed to comply with licence conditions or the Act itself. Section 18(7) of the Act further obliges NERSA to publish the tribunal rules. Similar provisions in the Gas and Petroleum Pipelines Acts empower NERSA to convene tribunals when licensees fail to comply with notices of non-compliance.
According to the regulator, the new rules are designed to ensure rational, lawful, and reasonable administrative processes when addressing breaches, contraventions and penalties. They were developed in line with section 10 of the National Energy Regulator Act and section 4 of the Promotion of Administrative Justice Act, ensuring procedural fairness. Public comments on the draft rules were also invited as part of the regulatory process.
NERSA announced that it plans to begin holding tribunal hearings on alleged contraventions and non-compliance matters in November 2025. Hearing dates and times will be published on the regulator’s website and social media platforms.
“The tribunal rules will strengthen the regulatory environment by ensuring that enforcement actions are conducted transparently, fairly and within a clear legal framework. Additionally, the gazetting of the tribunal rules marks a significant step toward enhancing regulatory compliance and accountability in the energy sector,” said NERSA Chief Executive Officer, Adv. Nomalanga Sithole.
The gazetted rules for conducting tribunal proceedings are available on the NERSA website at www.nersa.org.za under ‘Legislation>Electricity>Legislation>Rules’; ‘Petroleum Pipelines> Legislation>Rules’; and ‘Piped-Gas>Legislation> Rules’.
Author: Bryan Groenendaal
