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
SUPERMAC VS MCDONALDS – THE TRADE MARK BATTLE CONTINUES
By Donvay Wegierski, Director The European Union Intellectual Property Office (EUIPO) has partially cancelled McDonald's EU trade mark registration for [...]
PROPOSED TIGHTENING OF THE ANTI-DIVIDEND STRIPPING PROVISIONS
By Erich Bell, Director and Ryan Damon, Candidate Attorney During 2017 and 2018, several changes pertaining to the tax treatment [...]
Red Carded For Playing The Race Card
By Bradley Workman-Davies, Director The issue of race and racial discrimination is well-recognised in South Africa as a problem area [...]
Reinstatement Not Always An Appropriate Remedy
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether reinstatement must always [...]
The Risk Of Departing From Disciplinary Guidelines
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE The risk of departing [...]
Where The Courts Draw The Line On Making Settlement Agreements Orders Of Court
By Jennifer Smit, Director In the recent Constitutional Court judgment between Buffalo City Metropolitan Municipality ("BCM") and Asla Construction (Pty) [...]
