Electricity Regulation Act, 2006 (Act No. 4 of 2006)Chapter VII : General Provisions35C. Transitional provisions |
| (1) | From the effective date of this Act, until the date that the Transmission System Operator SOC Limited referred to in section 34A(1) is established, which period shall not be longer than five years, the National Transmission Company South Africa SOC Limited— |
| (a) | is for all purposes deemed to be the Transmission System Operator SOC Ltd; |
| (b) | must perform the duties, powers and functions of the Transmission System Operator SOC Ltd; and |
| (c) | in exercising its duties, must do so in a manner that is independent and ensures fair and equitable treatment of all system users. |
| (2) | During the period of transition referred to in subsection (1), the Regulator shall exercise regulatory oversight and facilitate the transition to a competitive market. |
| (3) | Notwithstanding the provisions of subsection (1), the Regulator must, subject to the conditions determined by the Regulator, upon application by the National Transmission Company South Africa SOC Limited and after satisfying itself regarding the appropriateness thereof, issue the relevant licence to the National Transmission Company South Africa SOC Limited for the performance of the duties, powers and functions of the Transmission System Operator SOC Ltd as provided for in section 34A(2). |
[Section 35C inserted by section 30 and 31(f) 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]