South Africa’s energy regulator becomes more transparent on high profile decisions

  • At its meeting on 23 February 2024, South Africa’s energy regulator, NERSA,  made a significant decision regarding the processing of high-profile decisions by its subcommittees, particularly the Electricity Subcommittee and the Petroleum Pipelines Subcommittee.
  • The Energy Regulator resolved that all subcommittees will no longer withhold the exact number or decision, for example, the total percentage of allowed tariff/revenue being recommended to the Energy Regulator for approval in high-profile matters. 

This decision of the Energy Regulator is in keeping with section 8(9) of the National Energy Regulator Act, which mandates that all Energy Regulator meetings must be open to the public, with the exception being when discussing information that would require the Energy Regulator to refuse access under the Promotion of Access to Information Act. 

In the past, the Energy Regulator would withhold certain information from the public until the final decision was published and regulated entities were informed of the decision. 

This decision is a step towards greater transparency and accountability in Energy Regulator proceedings, particularly in cases involving applications from entities such as Eskom and Transnet. Moving forward, unless a resolution is passed to withhold information due to legal constraints, all subcommittees will fully disclose the intended recommendations to the Energy Regulator. 

Author: Bryan Groenendaal

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