Legal Subcommittee

Scope of Work:

The LS shall:

1. 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;
2. 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:
   1. Is built on the principles of openness and objectivity, fairness and non-discrimination;
   2. Is balanced between the interest of consumers, the government and industry participants;
   3. Balances the roles for regulation, government and competition, hereunder ensuring that the authority and independence of utility regulators is defined and respected;
   4. Makes regulatory principles, approaches and processes subject to public scrutiny, with decisions being subject to an appeals process when required; and
   5. Gives due recognition to the limited capacity and resources available to undertake comprehensive and complex regulatory tasks.
3. 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;
4. 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:
   1. 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);
   2. Acknowledges national sovereignty issues and SADC procedures; and
   3. Identifies implementing structures and the necessary capacity and resources to implement recommendations.