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ARTICLE · 20 MAY 2019

Public Energy: Licensing And New Generation Capacity

The Public Private Partnership Act No. 19 of 2010 (the Act) is the principal act made for the purpose of providing an institutional framework for the implementation of public private partnership (PPP)

South AfricaEnergy and Natural Resources

The Public Private Partnership Act No. 19 of 2010 (the Act) is the principal act made for the purpose of providing an institutional framework for the implementation of public private partnership (PPP) agreements. The Act outlines the rules and procedures of the procurement process and development of public and private sector partnerships.

The Act, like any other law, has undergone several amendments, the most recent one being the amendments of 2018 through the Public Private Partnership (Amendment) Act No. 9 of 2018.

Who needs a licence?

Section 7(1) of the Electricity Regulation Act No. 4 of 2006 (the Act) states that no person may, without a licence issued by the National Energy Regulator of South Africa (the Regulator), operate any generation, transmission or distribution facility, import or export any electricity, or be involved in trading. There are, however, exceptions to this licensing rule. As per section 7(2) of the Act, certain persons, depending on the

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