DATE OF SUBMISSION: 03 DECEMBER 2009
NATIONAL COUNCIL OF PROVINCES
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QUESTION 161
QUESTION FOR WRITTEN REPLY
161. Ms E C van Lingen (DA-EC) to ask the Minister of Energy:
(1) Whether the term of the five part-time members of the
National Energy Regulator of SA (Nersa) expired in 2009; if
not, when will their term expire;
(2) Whether the term of the four full-time members of Nersa
will expire in 2010; if not, when will their term expire?
(3) What is the (a) exact procedure to be followed for the
appointment of the new members of Nersa and (b) timeframe
for the selection and appointment of these members?
(4) Whether any progress has been made thus far with the
appointment of these members; if not, why not; if so, (a)
what progress and (b) what are the further relevant
details;
(5) What are (a) the details of the current members of Nersa,
(b) their qualifications and (c) the prerequisite
requirements for appointment as a member of Nersa? CW257E
REPLY
(1) The original term expired on October 31, 2009. The
Minister exercised executive discretion in terms of section
5(6)(d) of the National Energy Regulator Act 40 of 2004 to
reappoint the current members for a period of three months
until December 31, 2009 while waiting for Cabinet to ratify
her recommendation for new part-time members. Section 5(6)
(d) provides that iff a vacancy occurs on the Energy
Regulator the Minister may fill the vacancy temporarily for
a period of not more than 12 months by appointing a person
without complying with section 6(7). Section 6(7) provides
that before appointing members to the Energy Regulator, the
Minister must by notice in the Gazette call for nominations
from members of the public.
(2) Yes, on October 31, 2010
(3)(a) Procedure
Section 6(7) of the National Energy Regulator Act 40 of
2004 provides that before appointing members to the Energy
Regulator, the Minister must by notice in the Gazette call
for nominations from members of the public. There are no
further guidelines in terms of the Act.
(3) (b) Timeframe
There is no specified timeframe in terms of the
legislation. The notice in the media called for nominations
for a period of one calendar month.
(4) (a) Progress:
Cabinet ratified the Ministerâs decision. Part-time
members have already been appointed and they received their
appointment letters. The Department is waiting for their
acceptance letters. With regard the full-time members, the
Department have already received nominations and are being
considered.
(4) (b) Further details:
The new part-time members are due to start at the beginning
of January 2010.
(5) (a) Details of current members:
Mr Colin Matjila â Chairperson
Ms Dolly Mokgatle â Deputy Chairperson
Ms Linda Makatini â Part-time member
Ms Divya Singh â Part-time member
Mr Joe Lesejane â Part-time member. Mr Lesejane replaced
Mr Sango Ntsaluba who resigned in March 2009.
Mr Smunda Mokoena â Full-time member and Chief Executive
Officer
Dr Roderick Crompton â Full-time member responsible for
petroleum pipeline regulation
Mr Thembani Bukula â Full-time member responsible for
electricity regulation
Ms Ethel Teljeur â Full-time member responsible for piped-
gas regulation.
(5) (b) Qualifications:
Mr Colin Matjila â holds a LLB from Wits University and the
Management Advanced Programme Diploma from Harvard
University.
Ms Dolly Mokgatle â holds a B Proc from University of the
North (now Limpopo) and a LLB and a Higher Diploma in Tax
Law from Wits University.
Ms Linda Makatini â holds a BA (Law) from London University
of Guildford and a LLM International Law from London
University.
Ms Divya Singh â holds a BA (Law), a LLB and a LLM from
University of Durban Westville.
Mr Joe Lesejane â holds a B Comm, Hons B Compt, and a
Charted Accountant (CA).
Mr Smunda Mokoena â holds a Bsc (Electrical Engineering)
from University of Natal and an MBA from De Montfort
University.
Dr Roderick Crompton â holds a BA (Hons) and a PhD in
Humanities from University of Natal.
Mr Thembani Bukula â holds a Bsc (Electrical Engineering)
from University of Natal, a Diploma in Project Management
from Damelin and a Postgraduate Diploma in Engineering
Business Management from Warwick University.
Ms Ethel Teljeur â holds a BA (Hons) Economics from
Kingston University and an MSc Economics from London
University.
(5) (C) Prerequisite requirements:
In terms of section 6(2) of the National Energy Regulator
Act 40 of 2004 the Minister must appoint, as members of the
Energy Regulator, persons who â (a) collectively have
adequate legal, technical, business, economic or other
experience relevant to the electricity, piped-gas and
petroleum pipelines industries; (b) are collectively
broadly representative of South African society as a whole;
(c) are committed and available to fulfil their role as
members of the Energy Regulator; and (d) demonstrate
impartiality and objectivity in such a manner that a fair
balance between continuity and capacity building is
achieved.
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