Electricity Regulation Act, 2006 (Act No. 4 of 2006)Chapter III : Electricity Licences and Registration18. Contraventions of licence |
| (1) | If it is alleged that a licensee has contravened or failed to comply with a licence condition or any provision of this Act, the Regulator may sit as a tribunal to decide on the allegation. |
| (2) | If the tribunal finds that the allegation contemplated in subsection (1) is correct it may serve a notice on the licensee directing the licensee to comply with the licence condition or the provision of this Act, as the case may be, within a reasonable period specified in the notice. |
| (3) | If it is alleged that the licensee has failed to comply with a notice in terms of subsection (2) the Regulator may sit as a tribunal to decide on that allegation. |
| (3A) | If the tribunal finds that the allegation contemplated in subsection (3) is correct it may: |
| (a) | serve a notice on the licensee directing the licensee to comply with the licence condition; |
| (b) | impose a penalty contemplated in subsection (4) or any other penalty it deems appropriate; |
| (c) | recommend the amendment of a licence condition; or |
| (d) | recommend the revocation of the licence. |
[Section 18(3A) inserted by section 18 of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]
| (4) | If the tribunal finds that the allegation contemplated in subsection (3) is correct it may impose a penalty of 10 per cent of the annual turnover of the licensee or R2 000 000,00 (whichever is the higher amount) per day commencing on the day of receipt of the notice contemplated in subsection (2). |
[Section 18(4) substituted by section 9 of Act No. 28 of 2007]
| (5) | The Regulator must consider the extent of the non-compliance in deciding the amount of any penalty. |
| (6) | The Minister may from time to time by notice in the Gazette amend the amount referred to in subsection (4) in order to counter the effect of inflation. |
| (7) | The Regulator must prescribe tribunal rules or procedures. |
[Section 18(7) inserted by section 18 of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]