Electricity Supply By-law, 2019
- Published in Western Cape Provincial Gazette 8063 on 15 March 2019
- Commenced on 15 March 2019
- [This is the version of this document from 15 March 2019 and includes any amendments published up to 17 November 2023.]
1. DefinitionsIn this by-law, the English text prevails in the event of any inconsistency between the different texts and unless inconsistent with the context-"accredited person" means a person registered in terms of the Regulations as an electrical tester for single phase, an installation electrician or a master electrician, as the case may be;"applicable standard specification" means the standard specifications as listed in Schedule 1 attached to this by-law;"Certificate of compliance" means a certificate issued in terms of the Regulations in respect of an electrical installation or part of an electrical installation by a registered person;"civil work permit" means a permit issued to an applicant for a wayleave granting that applicant consent for the civil work to be undertaken;"consumer" in relation to premises-(a)for supply agreements existing prior to the promulgation of this by-law means-(i)any occupier thereof or any other person with whom the Municipality has entered into an agreement to supply or is actually supplying electricity to;(ii)if such premises are not occupied, any person who has a valid existing agreement with the municipality for the supply of electricity to such premises; or(iii)if there is no such person or occupier, the owner of the premises;(b)for supply agreements entered into after the promulgation of this By-law means the owner of the premises or his or her designated proxy."credit meter" means a meter where an account is issued subsequent to the consumption of electricity;"electrical contractor" means an electrical contractor as defined in the Regulations;"electrical installation" means an electrical installation as defined in the Regulations;"high voltage" means the set of nominal voltage levels that are used in power systems for bulk transmission of electricity in the range of 44kV < Un ≤ 220kV. [ SANS 1019];"informal dwelling" means a structure and unit of accommodation intended in a particular portion of a residential area, such as single residential, 2- or 3 storey block of flats, or semi-detached units;"low voltage" means the set of nominal voltage levels that are used for the distribution of electricity and whose upper limit is generally accepted to be an a.c. voltage of 1000V (or a d.c. voltage of 1500V). [SANS 1019];"law" means any applicable law, proclamation, ordinance, act of parliament or enactment having force of law;"medium voltage" means the set of nominal voltage levels that lie above low voltage and below high voltage in the range of 1 kV < Un ≤ 44 kV. [SANS 1019];"meter" means a device which records the demand and/or the electrical energy consumed and includes conventional and prepayment meters;"motor load, total connected" means the sum total of the kW input ratings of all the individual motors connected to an installation;"motor rating" means the maximum continuous kW output of a motor as stated on the maker's rating plate;"motor starting current" in relation to alternating current motors means the root mean square value of the symmetrical current taken by a motor when energised at its rated voltage with its starter in the starting position and the rotor locked;"Municipality" means the Municipality of Knysna established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and included any political structure, political office bearer, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"occupier" in relation to any premises means-(a)any person in actual occupation of such premises;(b)any person legally entitled to occupy such premises;(c)in the case of such premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants, whether on his own account or as agent for any person entitled thereto or interested therein; or(d)any person in control of such premises or responsible for the management thereof, and includes the agent of any such person when he/she is absent from the Republic of South Africa or his/her whereabouts are unknown;"owner" in relation to premises, means the person in whom is vested the legal title thereto; provided that-(a)in the case of immovable property-(i)leased for a period of not less than 50 years, whether the lease is registered or not, the lessee thereof, or(ii)beneficially occupied under a servitude or right analogous thereto, the occupier thereof;(b)if the owner as hereinbefore defined:-(i)is deceased or insolvent, has assigned his estate for the benefit of his creditors, has been placed under curatorship by order of court or is a company being wound up or under judicial management, the person in whom the administration of such property is vested as executor, administrator, trustee, assignee, curator, liquidator or judicial manager, as the case may be;(ii)is absent from the Republic of South Africa, or if his address is unknown to the municipality, any person who as agent or otherwise receives or is entitled to receive the rent in respect of such property; and(iii)if the municipality is unable to determine who such person is, the person who is entitled to the beneficial use of such property,shall be deemed to be the owner thereof to the exclusion of the person in whom is vested the legal title thereto;"point of consumption" means a point of consumption as defined in the Regulations;"point of metering" means the point at which the consumer's consumption of electricity is metered and which may be at the point of supply or at any other point on the distribution system of the municipality or the electrical installation of the consumer, as specified by the municipality or any duly authorised official of the municipality; provided that it shall meter all of, and only, the consumer's consumption of electricity;"point of supply" means the point determined by the municipality or any duly authorised official of the municipality at which electricity is supplied to any premises by the municipality;"premises" means any land or any building or structure above or below ground level, or part thereof, and includes any vehicle, aircraft or vessel;"prepayment meter" means a meter that can be programmed to allow the flow of pre-purchased amounts of energy in an electrical circuit;"registered person" means a person registered in terms of the Regulations as an electrical tester for single phase, an installation electrician or a master installation electrician, as the case may be;"Regulations" means Regulations made in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993);"retail wheeling" means the process of moving third party electricity from a point of generation across the distribution systems of the municipality and selling it to a customer;"safety standard" means the Code of Practice for the Wiring of Premises SANS 10142-1 incorporated in the Regulations;"Second dwelling" means-(a)an informal dwelling erected on the property of a registered erf in a proclaimed township without approval in terms of the National Building Regulations, informal dwellings in front yards are included; or(b)a formal dwelling that has been approved by the municipality in terms of the prescripts of the building codes and regulations."service connection" means all cables and equipment, including all metering equipment, load management equipment, all high, medium or low voltage switchgear and cables required to connect the supply mains to the electrical installation of the consumer at the point of supply;"service protective device" means any fuse or circuit breaker installed for the purpose of protecting the municipality's equipment from overloads or faults occurring on the installation or on the internal service connection;"standby supply" means an alternative electricity supply from the municipality not normally used by the consumer;"supply mains" means any part of the municipality's electricity distribution network;"tariff" means the municipality's tariff of charges for the supply of electricity, and sundry fees, as approved by the municipal council;"temporary supply" means an electricity supply required by a consumer for a period normally less than one year;"token" means the essential element of a prepayment metering system used to transfer information from a point of sale for electricity credit to a prepayment meter and vice versa;"voltage" means the root-mean-square value of electrical potential between two conductors;"wayleave" means the set of documentation providing information on the location of the supply mains of the municipality within the physical area covered by an application to undertake civil work within the municipal area and stipulates the conditions applicable to the work to be done in the vicinity of the affected supply mains.
2. Other termsAll other terms used in this by-law shall, unless the context otherwise requires, have the meaning assigned thereto in the Electricity Regulation Act, 2006 (Act 4 of 2006), as amended, or the Occupational Health and Safety Act, 1993 (Act 85 of 1993), as amended.
3. Headings and titlesThe headings and titles in this by-law shall not affect the construction thereof.
General conditions of supply
4. Provision of Electricity Services
5. Supply by agreement
6. Service of notice
7. Compliance with noticesAny person on whom a notice duly issued or given under this by-law is served shall, within the time specified in such notice, comply with its terms.
8. Application for supply
9. Processing of requests for supplyApplications for the supply of electricity will be processed and the supply made available within the periods stipulated in NRS 047.
11. Statutory servitude
12. Right of admittance to inspect, test and/or do maintenance work
13. Refusal or failure to give information
14. Refusal of admittanceNo person shall wilfully hinder, obstruct, interfere with or refuse admittance to any duly authorised official of the municipality in the performance of his duty under this by-law or of any duty connected therewith or relating thereto.
15. Improper use
16. Electricity tariffs and feesCopies of charges and fees may be obtained free of charge at the offices of the municipality.
18. Payment of charges
19. Interest on overdue accountsThe municipality may charge interest on accounts, which are not paid by the due date appearing on the account, in terms of an approved Credit Control and Debt Collection Policy and any related indigent support.
20. Principles for the resale of electricity
21. Right to disconnect supply
22. Non-liability of the municipalityThe municipality shall not be liable for any loss or damage, direct or consequential, suffered or sustained by a consumer as a result of or arising from the cessation, interruption or any other abnormality of the supply of electricity, unless caused by negligence on the part of the municipality.
23. Leakage of electricityUnder no circumstances shall any rebate be allowed on the account for electricity supplied and metered in respect of electricity wasted owing to leakage or any other fault in the electrical installation.
24. Failure of supplyThe municipality does not undertake to attend to a failure of supply of electricity due to a fault in the electrical installation of the consumer, except when such failure is due to the operation of the service protective device of the municipality. When any failure of supply of electricity is found to be due to a fault in the electrical installation of the consumer or to the faulty operation of apparatus used in connection therewith, the municipality shall have the right to charge the consumer the fee as prescribed by the municipality for each restoration of the supply of electricity in addition to the cost of making good or repairing any damage which may have been done to the service main and meter by such fault or faulty operation as aforesaid.
25. Seals of the MunicipalityThe meter, service protective devices and all apparatus belonging to the municipality shall be sealed or locked by a duly authorised official of the municipality, and no person not being an official of the municipality duly authorised thereto shall in any manner or for any reason whatsoever remove, break, deface, or tamper or interfere with such seals or locks.
26. Tampering with service connection or supply mains
27. Protection of municipality's supply mains
28. Prevention of tampering with service connection or supply mainsIf the municipality decides that it is necessary or desirable to take special precautions in order to prevent tampering with any portion of the supply mains, service connection or service protective device or meter or metering equipment, the consumer shall either supply and install the necessary protection or pay the costs involved where such protection is supplied by the municipality.
29. Unauthorised connectionsNo person other than a person specifically authorised thereto by the municipality in writing shall directly or indirectly connect, attempt to connect or cause or permit to be connected any electrical installation or part thereof to the supply mains or service connection.
30. Unauthorised reconnections
31. Temporary disconnection and reconnection
32. Temporary suppliesIt shall be a condition of the giving of any temporary supply of electricity, as defined in this by-law, that, if such supply is found to interfere with the efficient and economical supply of electricity to other consumers, the municipality shall have the right, with notice, or under exceptional circumstances without notice, to terminate such temporary supply at any time and, neither the Service Authority nor the municipality shall be liable for any loss or damage occasioned by the consumer by such termination.
33. Temporary workElectrical installations requiring a temporary supply of electricity shall not be connected directly or indirectly to the supply mains except with the special permission in writing of the municipality. Full information as to the reasons for and nature of such temporary work shall accompany the application for the aforesaid permission, and the municipality may refuse such permission or may grant the same upon such terms and conditions as it may appear desirable and necessary.
34. Load reduction
35. High, medium and low voltage switchgear and equipment
36. Substation accommodation
37. Wiring diagram and specification
38. Standby supplyNo person shall be entitled to a standby supply of electricity from the municipality for any premises having a separate source of electricity supply except with the written consent of the municipality and subject to such terms and conditions as may be laid down by the municipality.
39. Consumer's emergency standby supply equipment
40. Technical StandardsThe municipality may from time to time issue Technical Standards detailing the requirements of the municipality regarding matters not specifically covered in the Regulations or this by-law but which are necessary for the safe, efficient operation and management of the supply of electricity.
Chapter 2[Please note: numbering as in the original.]
Responsibilities of consumers
41. Consumer to erect and maintain electrical installationAny electrical installation connected or to be connected to the supply mains, and any additions or alterations thereto which may be made from time to time, shall be provided and erected and maintained and kept in good order by the consumer at his own expense and in accordance with this by-law and the Regulations.
42. Fault in electrical installation
43. Discontinuance of use of supplyIn the event of a consumer desiring to discontinue using the electricity supply, he/she shall give at least (2) two full working days' notice in writing of such intended discontinuance to the municipality, failing which he/she shall remain liable for all payments due in terms of the tariff for the supply of electricity until the expiration of two full working days after such notice has been given.
44. Change of consumer
45. Service apparatus
Specific conditions of supply
46. Service connection
47. Metering accommodation
Systems of supply
48. Nominal supply voltageThe nominal supply voltage at which a supply is given shall be determined by the municipality as necessitated by technical considerations to ensure the efficient operation of the supply mains.
49. Load requirementsAlternating current supplies shall be given as prescribed by the Electricity Regulation Act, 2006 (Act 4 of 2006), and in the absence of a quality of supply agreement, as set out in the applicable standard specification.
50. Load limitations
50. Interference with other persons' electrical equipment[Please note: numbering as in original.]
51. Supplies to motorsUnless otherwise approved by the municipality the rating of motors shall be limited as follows:
|Insulated service cable, size in mm², copper equivalent mm²||Maximum permissible starting currentA||Maximum motor rating in kW|
|Direct on line (6 x full-load current)||Star/Delta (2,5 x full-load current)||Other means (1,5 x full-load current)|