Department Of Energy South Africa
Department Of Energy South Africa
The Department Of Energy South Africa is responsible for ensuring exploration, development, processing, utilisation and management of South Africa’s energy sources. As the country’s economy continues to grow, energy is increasingly becoming a key focus.
Programme 1: Administration
To provide strategic support and management services to the Ministry and the Department of Energy (DoE).
Programme 2: Energy Policy and Planning
To ensure evidence-based planning, policy setting and investment decisions in the energy sector to improve energy security through supply- and demand-side management options and increase competition through regulation.
Programme 3: Petroleum and Petroleum Products Regulation
To manage the regulation of petroleum and petroleum products to ensure optimum and orderly functioning of the petroleum industry to achieve Government’s developmental goals.
Programme 4: Electrification and Energy Programme and Project Management
To manage, coordinate and monitor programmes and projects focused on access to energy.
Programme 5: Nuclear Energy
To manage the South African nuclear energy industry and control nuclear material in terms of international obligations, nuclear legislation and policies to ensure the safe and peaceful use of nuclear energy.
Programme 6: Clean Energy
To manage and facilitate the development and implementation of clean and renewable energy initiatives as well as EEDSM.
Aim, Vision and Mission of Department Of Energy South Africa
|Formulate energy policies, regulatory frameworks and legislation, and oversee their implementation to ensure energy security, promotion of environmentally-friendly energy carriers and access to affordable and reliable energy for all South Africans.|
|Our vision is to improve our energy mix by having 30% clean energy by 2025 within a transformed and sustainable Energy Sector, with universal access to modern energy carriers for all.|
|Our mission is to regulate and transform the Energy Sector for the provision of secure, sustainable and affordable energy.|
Primary Mandate of Department Of Energy South Africa
On 10 May 2009, the President announced the appointment of, amongst others, the Minister of Energy in terms of Chapter 5 (The President and National Executive), Section 91(2) and 93(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution). The portfolios of these ministers necessitated a reorganisation of departments, including the renaming of departments and the establishment of new departments, to support the Minister of Energy and other ministers in executing their respective mandates.
Therefore, the President, in terms of Section 7(5)(a) of the PSA, 1994 (Act No. 103 of 1994) as amended by Proclamation No. 48, 2009, amended the national departments listed in Schedule 1 of that Act, to accord, amongst others, with the new portfolio of Energy, thereby establishing, amongst others, the new Department of Energy. The Department was, by extension, established in terms of Chapter 10 (Public Administration), Section 197(1) of the Constitution to “loyally execute the lawful policies of the Government of the day”. The President, in terms of Chapter 10 (Public Administration), Section 97 of the Constitution, transferred the administration and powers and functions entrusted by specified legislation to, amongst others, the Minister of Energy by Proclamation No. 44, 2009. The Department’s implied mandate in terms of the Constitution is therefore to govern the Energy Portfolio using reasonable legislative and other measures. This mandate is limited by Part B of Schedule 4 of the Constitution, 1966, which specifies “electricity and gas reticulation” as functional areas of concurrent legislative competence. Chapter 7 (Local Government), Section 156(1) specifies that a “municipality has executive authority in respect of, and has the right to administer the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5”.
Section 155(7) of Chapter 7 (Local Government), however, specifies that “…national Government has the legislative and executive authority to see to the effective performance by municipalities of their functions in respect of matters listed in Schedules 4 and 5, by regulating the exercise by municipalities of their executive authority referred to in Section 156(1)”. The Department’s mission, vision and mandate statements as well as its Strategic Outcomes-oriented Goals (SOOGs) directly relate to this mandate.
Secondary Mandate of Department Of Energy South Africa
The Department has a secondary role to play in the following areas:
National Energy Act, 2008 (Act No. 34 of 2008)
The National Energy Act, 2008 (Act No. 34 of 2008) is the enabling legislation that empowers the Minister of Energy to ensure that diverse energy resources are available in sustainable quantities and at affordable prices in the South African economy to support economic growth and poverty alleviation, while also taking into account environmental considerations. In addition, the Act provides for energy planning; the increased generation and consumption of renewable energy; contingency energy supply; the holding of strategic energy feedstock and carriers; adequate investment in appropriate upkeep and access to energy infrastructure; measures for the furnishing of certain data and information regarding energy demand, supply and generation; and the establishment of an institution responsible for the promotion of efficient generation and consumption of energy, energy research and all matters connected therewith.
Electricity Regulation Act, 2006 (Act No. 4 of 2006), as amended
The Electricity Regulation Act, 2006 (Act No. 4 of 2006), as amended, establishes a National Regulatory Framework for the electricity supply industry and makes the National Electricity Regulator of South Africa (NERSA) the custodian and enforcer of the National Electricity Regulatory Framework. The Act provides, for licences and registration as the manner in which generation, transmission, distribution, trading and the import and export of electricity are regulated. The Minister of Energy, in terms of Section 34(1), is empowered to make determinations for the establishment of IPPs for the purpose of greater competition in the Electricity Generation Sector, so as to increase the supply of electricity.
In addition, pre-certification from the Office of the Chief State Law Advisor (CSLA) was obtained during the period under review to introduce the Electricity Regulation Amendment Bill.
Petroleum Products Act, 1977 (Act No. 120 of 1977), as amended
The Petroleum Products Act, 1977 (Act No. 120 of 1977), as amended, provides for measures in the saving of petroleum products and economy in the cost of distribution thereof; the maintenance and control of the price thereof; the furnishing of certain information regarding petroleum products, for the rendering of service of a particular kind or standard in connection with petroleum products; the licensing of persons involved in the manufacturing, wholesaling and retailing of prescribed petroleum products; promoting the transformation of the South African petroleum and liquid fuels industry; and the promulgation of regulations relating to licences and matters incidental thereto.
In addition, the consultation process with regard to the Petroleum Products Bill is underway.
Central Energy Fund Act, 1977 (Act No. 38 of 1977), as amended
The Central Energy Fund Act, 1977 (Act No. 38 of 1977), as amended, provides for the payment of certain moneys into the Central Energy Fund (CEF), and for the use and investment thereof; the imposition of a levy on fuel, and the use and investment thereof; the control of the affairs of the CEF by a Board of Directors; the keeping of records of all transactions entered into for the account of the CEF or the Equalisation Fund and of certain other transactions; the investigation, examination and auditing of the books, accounts and statements kept and prepared in connection with the said transactions; and for the submission to Parliament of a report relating to the said investigation, examination and auditing. It also provides for matters connected with the Act.
Nuclear Energy Act, 1999 (Act No. 46 of 1999)
The Nuclear Energy Act, 1999 (Act No. 46 of 1999) provides for the establishment of Necsa, a public company wholly owned by the State. It defines its functions, powers and its financial and operational accountability; its governance and management by a Board of Directors; the composition of the Board and appointment of a chief executive officer; its responsibilities for the implementation and application of the Safeguards Agreement and additional protocols entered into by the Republic and the International Atomic Energy Agency (IAEA) in support of the Nuclear Non-Proliferation Treaty (NPT) acceded to by the Republic; regulates the acquisition and possession of nuclear fuel, certain nuclear and related material and equipment, as well as the importation and exportation thereof, together with certain other acts and activities relating to that fuel, material and equipment in order to comply with the international obligations of the Republic; and prescribes measures regarding the disposal of radioactive waste and the storage of irradiated nuclear fuel.
National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)
The National Nuclear Regulator Act, 1999 (Act No. 47 of 1999) provides for the establishment of the NNR in order to regulate nuclear activities. It also provides for its objectives and functions; the manner in which it is to be managed and staffed; safety standards and regulatory practices; and the protection of persons, property and the environment against nuclear damage and matters connected therewith.
National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)
The National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008) provides for the establishment of the NRWDI in order to manage radioactive waste disposal on a national basis. It provides for its functions; the manner in which it is to be managed; and regulation of its staff including matters connected therewith.
Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)
The Petroleum Pipelines Act, 2003 (Act No. 60 of 2003) provides for the establishment of a National Regulatory Framework for petroleum pipelines; a Petroleum Pipelines Regulatory Authority (PPRA) as the custodian and enforcer of the National Regulatory Framework; and matters connected therewith.
Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004)
The Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004) provides for imposition of levies by the Petroleum Pipelines Regulatory Authority (PPRA) and matters connected therewith.
Gas Act, 2001 (Act No. 48 of 2001)
The Gas Act, 2001 (Act No. 48 of 2001) provides for the orderly development of the piped-gas industry; establishes a National Regulatory Framework; and provides for a National Gas Regulator (NGR) as the custodian and enforcer of the National Regulatory Framework and matters connected therewith.
Gas Regulator Levies Act, 2002 (Act No. 75 of 2002)
The Gas Regulator Levies Act, 2002 (Act No. 75 of 2002) provides for the imposition of levies by the NGR and matters connected therewith.
National Energy Regulator Act, 2004 (Act No. 40 of 2004)
The National Energy Regulator Act, 2004 (Act No. 40 of 2004) provides for the establishment of a single regulator to regulate the electricity, piped-gas and petroleum pipeline industries and matters connected therewith.
Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991)
The Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991) provided for the abolition of the National Energy Council; and the transfer of powers, assets, liabilities, rights, duties, obligations and staff of the Council to the Minister and for matters incidental thereto.