As set out in our previous alert “ERA Bill finally tabled in Parliament: What comes next?”, the public’s participation in developing the ERA Bill is mandated by Parliament’s ongoing constitutional legislative process.

The most recent version of the ERA Bill was published with an explanatory memorandum, which provides insight into the purpose of some of the proposed amendments. As set out in the memorandum, the main objects of the Bill are to:

• effect amendments to the Electricity Regulation Act 4 of 2006 (Act) in order to improve the administration of the Act;
• provide for additional electricity, new generation capacity and electricity infrastructure;
• provide for the establishment, duties, powers and functions of the Transmission System Operator SOC Ltd;
• provide for an open market platform that will allow for competitive electricity trading; and
• assign the duties, powers and functions of the Transmission System Operator SOC Ltd to the National Transmission Company South Africa SOC Ltd.

Considering the importance of the ERA Bill in reshaping and unlocking South Africa’s electricity market, we encourage the public to continue to actively participate in the legislative process by seeking legal inputs and guidance on the implications of the Bill and assistance with the preparation and submission of comments.