Simply put, the minister has submitted the electricity regulation amendment draft law as a heads-up for Parliament to plan. But the Bill was never properly tabled in the national legislature so lawmakers could act to process it.

This debacle raises key questions on institutional capacity and follow-through, and how the legislative programme is managed between the executive and legislature.

Politically, it is an indication of tensions in the government that such missteps should happen on a key law overhauling South Africa’s national grid – from access to pricing and licensing – in an effort to end the damaging rotational power cuts.

The Electricity Regulation Amendment Bill is prioritised in government-business cooperation talks; and it’s driven by Operation Vulindlela, the joint initiative between the Presidency and National Treasury to facilitate structural reforms for economic growth.

Amid an embedded coal lobby, vested interests and ideological twists and turns over renewable power, reforms have proven tricky. That this draft Bill was in limbo emerged in April, as Daily Maverick reported.

On Wednesday, the National Assembly mineral resources and energy committee, after obtaining legal advice, agreed the Bill was not before it for consideration.

And even if it were, it would be unlikely that this law would be adopted in both Houses of Parliament before Parliament rises before the 2024 elections expected for May.

“There’s no way we will do justice to the Bill,” mineral resources committee chairperson Sahlulele Luzipo told Daily Maverick, pointing out the committee’s already heavy workload.

Currently, MPs are dealing with the Upstream Petroleum Resources Development Bill, but have also been told to expect another three draft laws from Cabinet, including one on mine health and safety amendments.

“Parliament may have to make a rational decision … not to proceed with legislation that at the end of the day will not succeed,” Luzipo added.

DA MP Kevin Mileham agreed the Electricity Regulation Amendment Bill would not receive proper consideration from MPs at this stage, given the parliamentary calendar. He had been calling for this piece of legislation to be properly tabled for more than a year.

“This is pure obstructionist tactics by Mantashe,” Mileham said.

It is understood Mantashe remains adamant the draft Bill has been tabled. Approached for comment on Wednesday afternoon, neither the mineral resources ministry nor the department responded timeously.

On 14 April 2023, in letters to Parliament’s presiding officers, Mantashe said he was submitting the draft Electricity Regulation Amendment Bill as approved by Cabinet and certified by the Chief State Law Adviser in terms of Joint Rule 159(1)(a).

But that rule is clear – it’s a preparatory step to ease planning for the legislative workload.

“A Cabinet member or deputy minister, who intends introducing a Bill in the (National) Assembly or who initiates the introduction of a Bill in the Council (National Council of Provinces), must as soon as possible after the Bill has been approved by Cabinet, submit to the Speaker and the Chairperson of the Council … the draft of the proposed Bill as approved by Cabinet, whether or not the draft has been legally or technically formalised as a proper draft Bill …” says Joint Rule 159(1)(a).

Under Joint Rule 159(2), the presiding officer refers such a Bill to committees to “assist the committee and legislatures in planning their work” and to “enable the committee members and legislatures to acquaint themselves with and to develop their positions with regard to the proposed legislation”.

On 20 July, National Assembly Speaker Nosiviwe Mapisa-Nqakula and NCOP chairperson Amos Masondo referred this draft Bill “for information”, to the two Houses’ respective committees, according to the Announcements, Tablings and Committee Reports (ATC), or record of Parliament’s work.

It took 14 months for the Electricity Regulation Amendment Bill to reach Cabinet since its release for public comment on 10 February 2022. Cabinet approved it on 29 March 2023. That not all went as it should in getting the draft Bill before MPs for action took another four-and-a-half months to confirm.

South Africa’s security of power supply is split between three ministers – Mineral Resources and Energy Minister Gwede Mantashe, in charge of independent power producers and estimated electricity demand under the Independent Resource Plan; Public Enterprises Minister Pravin Gordhan, responsible for Eskom; and Minister for Electricity in the Presidency Kgosientsho Ramokgopa, heading the National Energy Action Plan that President Cyril Ramaphosa announced in July 2022.

While the intensity of rotational blackouts has eased from an almost persistent Stage 6, or up to 12 hours a day without electricity, the security of electricity supply remains fraught. It’s set to be a central election issue ahead of the 2024 poll.

Ramaphosa has identified ending the rotational power cuts as the top priority for his administration. DM