Employers should not hire undocumented foreign nationalsMay 26, 2023
President Cyril Ramaphosa has signed a proclamation to transfer roles and responsibilities to the
Minister in the Presidency for Electricity, Dr Kgosientsho Ramokgopa.
A statement released by the Presidency said some powers have been shifted from the Minister of
Mineral Resources and Energy, Gwede Mantashe.
“After due consideration, President Ramaphosa has transferred to the Minister of Electricity all
powers and functions contained in Section 34(1) of the Electricity Regulation Act, which were
previously entrusted to the Minister of Mineral Resources and Energy. The President has also
transferred to the Minister of Electricity relevant powers and functions set out in Section 34(2) of
the Electricity Regulation Act.
“This proclamation will provide the Minister of Electricity with the powers necessary to direct the
procurement of new generation capacity and ensure security of supply. Other powers and functions
contained in the Electricity Regulation Act – including those related to the implementation of
determinations made in terms of section 34 –will remain with the Minister of Mineral Resources and
Energy,” the Presidency said.
The statement explained that President Ramaphosa’s “delineation of powers and functions is
directed at ensuring effective coordination and dedicated focus to deal more effectively and
urgently with the electricity crisis”.
“The Minister of Electricity will, as the President indicated in the State of the Nation Address,
oversee all aspects of the electricity crisis response, including the work of the National Energy Crisis
Committee. This will provide a single point of command for government’s efforts to close the
shortfall in electricity supply.
“The Minister will work full-time with the Eskom board and management to end load shedding and
ensure that the Energy Action Plan announced by the President is implemented without delay,” the
Section 34 of the provides as follows:
“(1) The Minister may, in consultation with the Regulator –
(a) determine that new generation capacity is needed to ensure the continued uninterrupted supply
(b) determine the types of energy sources from which electricity must be generated, and the
percentages of electricity that must be generated from such sources.
(c) determine that electricity thus produced may only be sold to the persons or in the manner set
out in such notice.
(d) determine that electricity thus produced must be purchased by the persons set out in such
(e) require that new generation capacity must –
(i) be established through a tendering procedure which is fair, equitable, transparent, competitive,
(ii) provide for private sector participation.