Legal updates and opinions
News / News
Update: Directions on resumption of maintenance and construction of energy projects
by Nozipho Bhengu, Director
The regulations issued in terms of the Disaster Management Act, 2020 (“Regulations“), which set out the relaxation of the lockdown restrictions under Alert Level 4, permitted the resumption of civil engineering services for public works projects (including water, energy and sanitation) and public works civil engineering and construction works. In order to provide certainty as to the specific services covered by the Regulations, on 15 May 2020 the Department of Mineral Resources and Energy published directions under the Government Notice No. 542(“Directions“) which provided much needed clarity as to which “civil engineering activities for public works” relating to energy and other additional services are permitted to recommence and continue under Alert Level 4. These specifically include:
- “Civil engineering for public works projects” in so far as it relates to energy, including the following:
(i) projects procured under the Renewable Energy Independent Power Producers Procurement Programme that are currently in construction;
(ii) embedded generation projects under construction and listed in Schedule 2 to the Electricity Regulation Act, 2006 (Act No. 4 of 2006) or licensed in terms of section 7 (1) of the Electricity Regulation Act;
(iii) Eskom new build programme which includes Medupi and Kusile;
(iv) the Department of Mineral Resources and Energy national sodas solar water heater programme and projects;
(v) energy efficiency and demand side management projects;
(vi) national electrification programme;
(vii) liquid fuels (including retails) projects under maintenance and construction;
(viii) liquid Petroleum Gas projects under maintenance and construction; and
(ix) nuclear projects under maintenance and construction in power stations and other nuclear facilities.
In addition, the above, the Directions also confirmed that the following services are permitted under Alert Level 4:
- all professional entities that provide licences, approvals and authorisations for the maintenance and construction of energy projects;
- all professional planning, costing and design work that supports construction work on sites, in anticipation of incremental work on construction sites;
- contracted suppliers, contractors and consultants who need to travel across borders to attend to projects; and
- energy construction work for already priced and awarded government tenders.
Latest News
Moving towards the end of the lockdown – keeping it consistent and clear
by Bradley Workman-Davies, Director The last big news from Government in relation to the National Lockdown, as outlined in the [...]
Do you have temporary market power? The Competition Commission’s first finding of excessive pricing under the COVID-19 emergency regulations
by Paul Cleland, Director The Competition Commission has, by way of a settlement agreement, concluded its first investigation into excessive [...]
Joint ventures – once competition law’s ugly sister, now beloved Cinderella?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice and Graeme Wickins, Director As the global economy is [...]
The protection of privacy and personal information. How much personal information will be enough?
One Covid-19. So many tracing apps to locate individuals. "Your recently announced project to respond to COVID–19 by tracking when [...]
Actions that may be taken to address some of the risks arising from the COVID-19 crisis in connection with M&A transactions
by Nozipho Bhengu, Director Introduction 1.1 On the 24th of March 2020, the President of the Republic of South Africa [...]
Success fees to Business Rescue Practitioners: important aspects to consider
By Malachizodok Mpolokeng, Candidate AttorneyReviewed by: Dr. Eric Levenstein, Director and head of the Insolvency, Business Rescue & Restructuring practice. [...]
