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National Energy Regulator Act, 2004 (Act No. 40 of 2004)

Chapter II : National Energy Regulator

6. Disqualifications and requirements for membership of Energy Regulator

 

 

(1) No person may be appointed as or remain a member of the Energy Regulator if that person—
(a) is not a South African citizen or the holder of a permit as a permanent resident in the Republic;
(b) is an unrehabilitated insolvent;
(c) has, within a period of 10 years immediately before the date of the proposed appointment, been convicted of an offence involving dishonesty or served a sentence of imprisonment without the option of a fine for any other offence; or
(d) has, after appointment, been convicted of an offence involving dishonesty or been sentenced to imprisonment without the option of a fine for any other offence.

 

(2) The Minister must appoint, as members of the Energy Regulator, persons who—
(a) collectively have adequate legal, technical, business, economic or other experience relevant to the electricity, piped-gas and petroleum pipelines industries;
(b) are collectively broadly representative of South African society as a whole;
(c) are committed and available to fulfil their role as members of the Energy Regulator; and
(d) demonstrate impartiality and objectivity in such a manner that a fair balance between continuity and capacity building is achieved.

 

(3) Upon appointment—
(a) every full-time member must terminate any employment or consulting relationship he or she has with any person, firm, association or company engaged in the electricity, piped-gas and petroleum pipelines industries and may not take up any such employment or consulting arrangement during his or her period of membership of the Energy Regulator;
(b) every full-time and part-time member must disclose to the Minister and the Energy Regulator his or her pecuniary interest in any person, firm, association or company engaged in the electricity, piped-gas and petroleum pipeline industries; and
(c) every full-time and part-time member must disclose to the Minister and the Energy Regulator if his or her spouse, life partner or child is in the employ of or acts as a consultant to, or has any relationship with, any person, firm, association or company engaged in the electricity, piped-gas and petroleum pipelines industries, or has any pecuniary interest in any such person, firm, association or company.

 

(4) A member may not at any time be present during the discussion of or the making of a decision on, or take part in, any matter before the Energy Regulator in which that member or his or her spouse, life partner, child or associate has a direct or indirect pecuniary interest.

 

(5) If a member acquires an interest contemplated in subsection (3)(b), such member must immediately in writing declare that fact to the Minister and the Energy Regulator.

 

(6) If the spouse, life partner or child of a member acquires an interest contemplated in subsection (3)(c), such member must immediately in writing declare that fact to the Minister and the Energy Regulator.

 

(7) Before appointing members to the Energy Regulator, the Minister must by notice in the Gazette call for nominations from members of the public.

 

(8) The notice published before the commencement of this Act calling for nominations for the first appointments to the Energy Regulator must be regarded as having been validly published in terms of subsection (7).