The objective of the Legal Subcommittee is to analyse existing legislation and policy pertaining to the energy sector regulation in the SADC region with a view to harmonising the regulation and policy framework.
Scope of Work:
The LS shall:
- Gather information on relevant national legislation, government structure, roles and responsibilities of energy authorities, law making process, applicable processes and prerogatives when making regulations and guidelines, administrative procedures and/or public administration issues, hereunder appeals;
- Analyse existing legislation and policy pertaining to energy sector regulation in the SADC region and other countries, building on a review already undertaken under the auspices of RERA, and identify necessary changes or addition required to such legislation to ensure that energy regulation in the region:
- Is built on the principles of openness and objectivity, fairness and non-discrimination;
- Is balanced between the interest of consumers, the government and industry participants;
- Balances the roles for regulation, government and competition, hereunder ensuring that the authority and independence of utility regulators is defined and respected;
- Makes regulatory principles, approaches and processes subject to public scrutiny, with decisions being subject to an appeals process when required; and
- Gives due recognition to the limited capacity and resources available to undertake comprehensive and complex regulatory tasks.
- Facilitate exchange of experiences and discussion of common challenges by creating a platform for contact between legal professionals in the regulatory profession in different SADC countries;
- Investigate the scope, benefits, costs and necessary political decisions that may be required for the development and/or amendment to national legislation to achieve sufficient harmonisation such that:
- The format and mandate of the regulatory bodies reflect present and future economic imperatives (such as facilitation of investments in new generation capacity and cross-border transmission systems and access to markets) and can be designed to ‘fill’ existing regulatory gaps such as the regulation of trans-national transmission inter- connectors and the activities of the Southern African Power Pool (SAPP);
- Acknowledges national sovereignty issues and SADC procedures; and
- Identifies implementing structures and the necessary capacity and resources to implement recommendations.