Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter VI : Investigations

32. Investigations

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(1) The Regulator must, in applicable circumstances, at its own instance or on receipt of a complaint relating to generation, transmission, distribution, trading, market operation or system operation, investigate complaints and prepare a preliminary report in respect of—
(a)alleged discrimination regarding tariffs or conditions of access; and
(b)if a licensee is involved, an alleged failure to abide by its licensing conditions.

[Section 32(1) substituted by section 25 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]

 

(2) On receipt of a report under subsection (1), the Regulator may institute a formal investigation.

 

(3) Upon instituting a formal investigation under subsection (2)—
(a) the Regulator may appoint a person to chair the investigation and as many persons as may be necessary to assist with the investigation;
(b) the person appointed under paragraph (a) and the persons assisting him or her may summon witnesses and conduct the investigation in the prescribed manner.

 

(4) On completion of the investigation under subsection (3) the person chairing it must submit his or her written report thereon to the Regulator.

 

(5) On receipt of the report, the Regulator may—
(a) refer the report to the Director of Public Prosecutions of the area concerned;
(b)if a licensee is involved, act on the matter in accordance with section 18(2).

[Subsection (5)(b) substituted by section 11 of Act No. 28 of 2007]