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Electricity By-Law, 2025

Electricity By-Law, 2025
Jurisdiction
Winnie Madikizela-Mandela
Date
17 February 2025
Language
English
Type
By-law
Publication
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Winnie Madikizela-Mandela
South Africa

Electricity By-Law, 2025

Chapter 1
General

1. Definitions

In this by laws 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 mater installation electrician as the case may be;“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 an accredited person.“consumer” in relation to premises means:(a)Any occupier thereof or any other person with whom the municipality has contracted to supply or is actually supplying electricity thereat; or(b)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(c)If there is no such person or occupier, the owner of the premises;“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 a set of nominal voltage levels that are used in power systems of Bulk transmission of electricity in the range of 44kV<22kV (SABS 1019)“low voltage” means a 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 DC voltage of 1500V. (SABS 1019)“the law” means any applicable laws, 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 lkV<44kV (SABS 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 a sum total of the kW input ratings of all the individual motors connected to an installation.“municipality” means Winnie Madikizela Mandela Local Municipality, a municipality established in terms of the laws or legal entity duly authorized by the municipality to provide an electricity service within the jurisdiction of Winnie Madikizela Mandela local municipality.“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 of any person entitled thereto or interested therein; or(d)Any person in control of such premises or responsible for the management thereof, and included 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 that 50(fifty) years, whether the lease is registered or not, the lessee thereof, or(ii)Beneficially occupied under the 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, or(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 authorized 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 authorized 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 and includes any vehicle, aircraft of vessel;“prepayment meter” means a meter that can be programmed to allow the flow of pre-purchased amounts of energy in an electrical circuit.“regulations” means Regulations made in terms of Occupational Health and Safety Act, 1993(Act No. 29 of 1993), as amended;“SANS Codes” means the South African National Standards Codes of Practice or the South African Bureau of Standards Codes of Practice as defined in Regulation No. 1373 published in Government Gazette 24002, dated 08 November 2002 in terms of the Standard Act, 1993 (Act No. 29 of 1993) or as may be published in the future in terms of that Act.“safety standard” means the Code of Practice for the Wiring of Premises SABS 0142 incorporated in the Regulations;“service connection” means all cables and equipment 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 not normally used by the consumer;“supply mains” means any part of the municipality’s electricity network;“tariffs” means the municipality’s tariff of charges for the supply of electricity, and“token” means the essential element of a payment metering system used to transfer information from a point of sale for electricity credit to a payment meter and vice versa;“voltage” means the root-mean-square value of electrical potential between conductors;

2. Other items

All other terms used in this By-law shall, unless the context otherwise requires, have the meaning assigned thereto in the Electricity Act, 1987 (Act No.41 of 1987), as amended, or the Occupational Health and Safety Act, 1993 (Act No.85 of 1993), as amended;

Chapter 2
General conditions of supply

3. Provision of electricity services

Only the municipality shall supply or contract for the supply of electricity within the jurisdiction of the municipality.

4. Supply agreement

No person shall use or be entitled to use an electricity supply from the municipality unless or until such person shall have entered into an agreement in writing with the municipality for such supply, and such agreement together with the provisions of this By-law shall in all respects govern such supply. If a person uses an electricity supply without entering into an agreement he/she shall be liable for the cost of electricity used as stated in section 44 of this By-law.

5. Service of notice

(i)Any notice or other document that is served on any person in terms of this By-law is regarded as having been served—
a)When it has been delivered to that person personally;
b)When it has been left at that person’s place of residence or business in the Republic with a person apparently over the age of sixteen years;
c)When it has been posted by registered or certified mail to that person’s last known residential or business address in the Republic and an acknowledgment of the posting thereof from the postal service is obtained;
d)If that persons address in the Republic is unknown, when it has been served on that persons agent or representative in the Republic in the manner provided by paragraphs (a), (b), (c), or
e)If that person address and agent or representative in the Republic is unknown, when it has been posted in a conspicuous place on the property or premises, if any, to which it relates.
1.When any notice or other document must be authorized or served on the owner, occupier or holder of any property or right in any property, it is sufficient if that person is described in the notice or other document as the owner, occupier or holder of the property or right in question, and it is not necessary to name that person.
2.Any legal process is effectively and sufficiently served on the municipality when it is delivered to the municipal manager or a person in attendance at the municipal managers office.

6. Compliance with notices

Any 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 the terms.

7. Application for supply

1)Application for the supply of electricity shall be mad in writing by the prospective consumer on the prescribed form obtainable at the office of the municipality, and the estimated load, in kVA, of the installation, shall be stated therein. Such application shall be made as early as possible before the supply of electricity is required in order to facilitate the work of the municipality.
2)An application for an electricity supply for a period of less than a year shall be regarded as an application for a temporal supply of electricity and shall be considered at the discretion of the municipality or any duly authorized official of the municipality, which may specify any special conditions to be satisfied in such a case.

8. Processing of requests for supply

Applications for the supply of electricity will be processed and the supply made available within the period stipulated in NRS 047.

9. Wayleaves

1)Municipality may refuse to lay or erect a service connection above or below ground on any thoroughfare of land not vested in the municipality or on any private property, unless and until the prospective consumer shall have obtained and deposited with the municipality written permission granted by the owner of the said private property or by a person in whom is vested the legal title to the land or thoroughfare as aforesaid exists, as the case maybe, authorizing the laying or erection of a service connection thereon.
2)If such permission is withdrawn at any time or if the aforesaid private property or thoroughfare changes ownership and the new owner refuses to grant or continue such permission, the costs of any alteration required to be made to a service connection in order that the supply of electricity may be continued, and of any removal thereof which may become necessary in the circumstances, shall be borne by the consumer to whose premises the supply of electricity is required to be continued.

10. Statutory servitude

1)Subject to the provisions of subsection (3) the municipality may within its municipal area;
a)provide, establish and maintain electricity services
b)acquire, construct, lay, extend, enlarge, divert, maintain, repair, discontinue the use of, close up and destroy electricity supply mains;
c)construct, erect or lay any electricity supply main on, across, through, over or under any street or immovable property and the ownership of any such mains shall vest in the municipality;
d)Do any other thing necessary or desirable for or incidental, supplementary or ancillary to any matter contemplated by paragraphs (a) to (c).
2)If municipality constructs, erects, lays any electricity supply main on, across, through, over or under any street or immovable property not owned by the municipality or under the control or management of the municipality it shall pay to the owner of such street or property compensation in am amount agreed upon by such owner and the municipality or, in the absence of agreement, be determined either by arbitration of law.
3)Municipality shall before commencing any work other than repairs or maintenance on or in connection with any electricity supply main on immovable property not owned by municipality or under the control or management notice of the proposed work and the date on which it proposes to commence such work.

11. Right of admittance to inspect, test and/or do maintenance work

1)The municipality shall, through its employees, contractors and their assistants and advisers, have access to or over any property for the purposes of—
a)Doing anything authorized or required to be done by municipality under this By-Law or any other law;
b)Inspecting and examining any service mains and anything connected therewith;
c)Enquiring into and investigating any possible source of electricity supply or the suitability of immovable property for any work, scheme or undertaking of the municipality and making any necessary survey in connection therewith;
d)Ascertaining whether there is or has been a contravention of the provisions of this By-law or any other law and
e)Enforcing compliance with the provisions of this By-law or any other law.
(2)Municipality shall pay to any person suffering damage as a result of the exercise of the right of access contemplated by subsection (1), except where municipality is authorized to execute on the property concerned any work at the cost of such person or some other person or to execute on such property any work and recover the cost thereof from such person or some other person, compensation in such amount as may be agreed upon by the municipality and such person or, in the absence of agreement, as may be determined by arbitration or court of law.
(3)An employee of the municipality authorized thereto by such municipality may, by notice in writing served on the owner or occupier of any property, require such owner or occupier to provide, on the day and at the hour specified in such notice, access to such property to a person and for a purpose referred to in subsection (1).
(4)Municipality may gain access to or over any property without notice and may take whatever action as may, in its opinion, be necessary or desirable in consequences of the existence of a state of war or the occurrence of any calamity, emergency, or disaster.

12. Refusal or failure to give information

No person shall refuse or fail to give information as may be required of him/her by any duly authorized official from the municipality or render any false information to ant=y such official regarding any electrical installation work completed or contemplated.

13. Refusal of admittance

No person shall willfully hinder, obstruct, interfere with or refuse admittance to any duly authorized official of the municipality in the performance of his duty under this By-law or any duty connected therewith or relating thereto.

14. Improper use

If the consumer uses the electricity for any purpose or deals with the electricity in any manner which the Municipality has reasonable grounds for believing interferes in an improper or unsafe manner or is calculated to interfere in an improper or unsafe manner with the efficient supply of electricity to any other consumer, the Municipality may, with or without notice, disconnect the electricity supply but such supply shall be restored as soon as the cause for the disconnection has been permanently remedied or removed.-The-fee as prescribed by the Municipality for the disconnection '-and reconnection shall be paid by the consumer-before the electricity supply is restored,-unless it can be shown that the consumer did not use or deal with the, electricity in an improper or unsafe in a manner.

15. Electricy tariffs and fees

Copies of charges and fees may be obtained free of charge at the offices of the Municipality.

16. Deposits

The Municipality reserves the right to require the consumer to deposit a sum of money as security in payment of any charges which are due or may become due to the Municipality. The amount of the deposit in respect of each electricity installation shall be determined by the Municipality, and each such deposit may be increased if the Municipality deems the deposit held to be inadequate. Such deposit shall not be regarded as being in payment or part payment of any accounts due for the supply of electricity for the pinpose of obtaining any discount provided for in the electricity tariff referred to in this By-law. On, cessation of the supply of electricity, the amount of such deposit, free of any interest, less any payments due to the Municipality shall be refunded to the consumer.

17. Payment of charges

(1)The consumer shall be liable for all charges listed in the prescribed tariff for the electricity service as approved by the municipality. A copy of the prescribed tariff is obtainable free of charge from the Municipality.
(2)All accounts shall be deemed to be payable when issued by the Municipality and each account shall, on its face, rennet the due date and a warning indicating that the supply of electricity may be disconnected should the charges in respect of such supply remain unpaid after the due date.
(3)An error or omission in any account or failure to render an account shall not relieve the consumer of his obligation to pay the correct amount due for electricity supplied to the premises and the onus shall be on the consumer to satisfy himself/herself that the account rendered is in accordance with the prescribed tariff of charges in respect of electricity supplied to the premises.
(4)Where a duly authorized official of the Municipality has visited the premises for-the purpose of disconnecting the supply of electricity in terms of subsection (2) and he/she is obstructed or prevented from effecting such disconnection, the prescribed fee shall become payable for each visit necessary for the purpose of such disconnection.
(5)After disconnection for non-payment of an account, the prescribed fees and any amounts due for electricity consumed shall be paid before the electricity supply is reconnected.

18. Interest on overdue accounts

The Municipality may charge interest on accounts which are not paid by the due date appearing on the account, at an interest rate as approved by the Municipality from time to time.

19. Resale of electricity

1)Unless otherwise authorized by the Municipality, no person shall sell or supply electricity, supplied to his/her premises under an agreement with the Municipality, to any other person or persons for use on any other premises, or permit or suffer such resale or supply to take place. Where municipal approval is given for the resale of electricity, such resale shall be subject to the conditions laid down in the Electricity Act, 1987 (Act No. 41 of 1987), provided that the reseller shall be permitted to recover his/her actual electricity cost, provided further that he/she must substantiate these costs if called upon to do so.
2)Further, in terms of Regulation 11 (3)(a) of the Electricity Act, 1987 (Act No. 41 of 1987), the reseller of electricity may recover the administration costs incurred in metering reading and billing from the person so supplied with electricity, provided that, at the request of such person, the reseller mast furnish such person with such information as may be necessary to enable him/her to determine whether the administration costs are fair and reasonable.

20. Right to disconnect supply

1)The Municipality shall have the right to disconnect the supply of electricity to any premises if the person liable to pay for such supply fails to pay any charge due to the Municipality in connection with any supply of electricity which he/she may at any time have received from the Municipality in respect of such premises, or, where any of the provisions of this By­law and/or the Regulations are being contravened, provided the Municipality has given the person 14 (fourteen) days’ notice to remedy his/her default and the person has failed to ‘remedy such default after notice has been given, or, in the case of a grave risk to person or property, or as envisaged in terms of section 26 of this Bylaw, within notice. After disconnection for non-payment of accounts or the improper or unsafe use of electricity, the fee as prescribed by the Municipality shall be paid.
2)In the case where an installation has been illegally reconnected on a consumer's premises after having been previously legally disconnected by the Municipality, or in the case where the Municipality's electrical equipment has been tampered with to prevent the fall registration of Consumption by the meter, the electricity supply may be physically removed from those premises.

21. Non-liability of Municipality

The Municipality shall not be liable for any loss or damage, direct or consequential suffered or sustained by a consumer as a result of, rising from the cessation, interruption or any other abnormality of the supply of electricity, unless caused by negligence on the part of the Municipality.

22. Leakage of electricity

Under 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.

23. Failure of supply

The 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 arty damages which may have been done to the service main and meter by such fault or faulty operation as aforesaid.

24. Seals of the municipality

The meter, service protective devices and all apparatus belonging to the Municipality shall be sealed or locked by a duly authorized official of the Municipality, and non-person not being an official of the Municipality duly authorized thereto shall in any manner or for any reason whatsoever remove, break, deface, or tamper with such seals or locks.

25. Tampering with service connection or supply mains

(1)No person shall in any manner or for any reason whatsoever tamper or interfere with any meter or metering equipment or service connection or service protective device or supply mains or any other equipment of the Municipality.
(2)Where prima facie evidence exists of a consumer and/or any person having contravened subsection the Municipality shall have the right to disconnect the supply of electricity-immediately and-without-prior-notice to the consumer. - The person-shall-be liable for all fees and charges levied by the Municipality for such disconnection.
(3)Where a consumer and/or any person has contravened subsection (1) and such contravention has resulted in the meter recording less than the true consumption, the Municipality shall have the right to recover from the consumer the full cost of his estimated consumption.

26. Protection of municipality's supply mains

(1)No person shall, except with the consent of the Municipality and subject to such conditions as may be imposed
(a)construct, erect or lay, or permit the construction, erection or laying of any-building, structure or other object, or plant trees or—Temptation over or in such a position or in such a manner as to interfere with or endanger the supply mains;
(b)excavate, open up or remove the ground above next to, under or near any part of the supply mains;
(c)damage, endanger, remove or destroy, or do any act likely to damage, endanger or destroy any part of the supply mains;
(d)make any unauthorized connection to any part of the supply mains or divert or cause to be diverted any electricity therefrom;
(e)the owner or occupier shall limit the height of trees or length of projecting branches in the proximity of overhead lines or provide a means of protection which in the opinion of the Municipality will adequately prevent the. trees from interfering with the conductors should the tree or branch fall or be cut down. Should the owner fail to observe this provision the Municipality shill /lave the right, after prior written notification, or at any time in an emergency, to cut or trim the trees or other vegetation in such a manner as to comply with this provision and shall be entitled to enter the property for this purpose.
(2)The Municipality may subject to obtaining an order of court demolish, alter or otherwise deal with any building, structure or other object constructed, erected or laid in contravention with this By-law.
(3)The Municipality may in the case, of an emergency or disaster remove anything damaging, obstructing or endangering or likely to damage, obstruct, endanger or destroy any part of the electrical distribution system.

27. Prevention of tampering with service connection or supply mains

If 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.

28. Unauthorised connections

No person other than a person specifically authorized 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,

29. Unauthorised reconnections

1)No person other than a person specifically authorised thereto by the Municipality in writing shall reconnect, attempt to reconnect or cause or permit to be reconnected to the supply mains or service, connection any electrical installation or installations which has or, have been disconnected by the Municipality.
2)Where the supply of electricity that has previously been disconnected is found to have been reconnected, the consumer using the supply of electricity shall be liable for all charges for electricity consumed between the date of disconnection and subsequent reconnection of the supply was found to be reconnected and any other charges raised in this regard.Furthermore, the Municipality reserves the right -to remove part or all of the supply equipment until such time as payment has been received in full. In addition, the consumer will be responsible for all the costs associated with the reinstatement of such supply equipment.

30. Temporary disconnection and reconnection

1)The Municipality shall, at the request of the consumer, temporarily disconnect and reconnect the supply of electricity to the consumer's electrical installation Upon payment of the fee as prescribed by the Municipality for each such disconnection and subsequent reconnection:
2)In the event of the necessity arising for the Municipality to effect a temporary disconnection and reconnection of the supply of electricity to a consumer's electrical installation and the consumer is in no way responsible for bringing about this necessity, the Municipally shall waive payment of the fee hereinbefore referred to.
3)The Municipality may only under exceptional circumstances temporarily disconnect the supply of electricity lo any premises without notice, for the purpose of effecting repairs or carrying out tests or for any other legitimate purpose. In all other instances adequate notice shall be given.

31. Temporary supplies

It 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, the Municipality shall not be liable for any loss or damage occasioned the consumer by such termination.

32. Temporary work

Electrical 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.

33. Load reduction

(1)At times of peak load, or in an emergency, or when, in the opinion of the Municipality, it is necessary for any reason to reduce the load on the electricity supply system of the Municipality, the Municipality may without notice interrupt and, for such period as the Municipality may deem necessary, discontinue the electricity supply to any consumer's electrically operated thermal storage water heater or any specific appliance or the whole installation. The Municipality shall not be liable for any lass or damage directly or consequentially due to or arising from such interruption and discontinuance of the electricity supply.
(2)The Municipality may install upon the premises of the consumer such apparatus and equipment as may be necessary to give effect to the provisions of subsection (1), and any duly' authorized official of the Municipality may at any reasonable time enter any premises for the pin-pose of installing, inspecting, testing adjusting and/or changing such apparatus and equipment
(3)Not withstanding me provisions or subsection (2), the consumer or the owner, as the case may be, shall, when installing an electrically operated water storage beater, provide such necessary accommodation and wiring as the Municipality may decide to facilitate the later installation of the apparatus and equipment referred to in subsection (2).

34. Medium and low voltage switch and equipment

1)In cases where a supply of electricity is given at either medium or low voltage, the supply and installation of the switchgear, cables and equipment forming part of the service connection shall, unless otherwise approved by the Municipality or any duly authorised official of the Municipality', be paid for by the consumer.
2)In the case of a medium voltage supply of electricity, all such equipment shall be approved by any duly authorized Official of the Municipality and installed by or under the supervision of any duly authorized of the Municipality.
3)No person shall operate medium voltage switchgear without the -written authority of the Municipality.
4)All earthling and testing of medium voltage equipment linked to the Municipality's network shall be conducted by 'or under the supervision of an employee of the Municipality.
5)In the case of a low voltage supply the any other equipment required by the Municipality or any duly authorized official of the Municipality.

35. Substation accommodation

(1)The Municipality may, on such conditions as may be deemed fit by the Municipality or any duly authorized official of the Municipality, require the owner to provide and maintain accommodation which shall constitute a substation and which shall consist of a separate room or roams to be used exclusively for the purpose of housing medium voltage cables and switchgear, transformers, low voltage cables and switchgear and other equipment necessary for the supply of electricity requested by the applicant. The accommodation shall be situated at a point to which free, adequate and unrestricted access is available at all times far purposes connected with the operation and maintenance of the equipment.
(2)The Municipality reserves the right to supply its own networks from its own equipment installed in such accommodation, and if additional accommodation is required by the Municipality, such additional accommodation shall be provided by the applicant at the cost of the Municipality.

36. Wiring diagram and specification

1)When more than one electrical installation or electricity supply from a common main or more than one distribution board or meter is required for any building tar block of buildings, the wiring diagram of the circuits starting from the main switch and a specification shall an request be supplied to the Municipality in duplicate for approval before the work commences.
2)Where an-electrical installation is to be supplied from a substation on the same premises on which the current is transformed from medium or high voltage, or from one of the substations of the Municipality through mains separate from the general distribution system, a complete specification and drawings for the plant to be installed by the consumer shall, if so required, be forwarded to the Municipality for approval before any material in connection therewith is ordered.

37. Standby supply

No 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.

38. Consumer’s emergency standby supply equipment

(1)No emergency standby equipment provided by a consumer hi terms of any Regulations or for his own operational requirements shall be connected to any installation without the prior written approval of the Municipality. Application for such approval shall be made in writing and shall include a full specification of the equipment and a wiring diagram. The standby equipment shall be so designed arid installed - that it is impossible for the Municipality's supply mains to be energized by means of a back­feed from such equipment. The consumer shall be responsible for providing and installing all such protective equipment
(2)Where by special agreement with the Municipality, the consumer's standby generating equipment is permitted to be electrically coupled to, and run in parallel with the Municipality's supply mains, the consumer shall be responsible for providing, installing and maintaining all the necessary synchronizing and protective equipment required for such safe parallel operation, to the satisfaction of the Municipality.

39. Circular letters

The Municipality may from time to time issue circulars detailing the requirements of the Municipality regarding matters not specifically covered in the: Regulations or this By law but which; are necessary for the sale, efficient operation and management of the supply of electricity.

Chapter 3
Service providers

40. Agreement assignment

1)The municipality may, subject to its responsibilities under section 81 of the Systems Act, discharge any of its obligations under section 5 of these Bylaws by entering into a service delivery agreement with a service provider or service providers.
2)the municipality under these Bylaws whenever the assignment is required to enable the service provider to discharge an obligation under its Subject to the provisions of the Systems Act or any other law, the municipality may assign to a service provider any right or power enjoyed by service delivery agreement.
3)If a municipality has entered into a service delivery agreement with a service provider, it must publish a notice in the Provincial Gazette for the province in which it is situated listing which rights and powers of the municipality under which provisions of these Bylaws have been signed to the service provider.
4)Where the term "municipality" appears in a provision of these Bylaws listed in the notice in subsection (3) it shall be read as "service provider" in that provision

41. Customer charter

(1)Service providers must provide services in accordance with a customer charter which must be drawn up in consultation with the municipality and must—
a)accord with the provisions of these Bylaws;
b)be accessible to the public;
c)establish the conditions of supplying the service; and
(d)provide for the circumstances in which electricity services may be limited.

Chapter 4
Responsibilities of consumers

42. Consumer to erect and mantain electrical installation

Any-electrical-installation connected or to be connected to the supply mains, and any additions or alterations thereto which may be made from time to tithe, shall be provided and erected and maintained and kept in good order by the Consumer at this own expense and in accordance with this Bylaw and the Regulations.

43. Fault in electrical installation

1)If any fault develops in the electrical Installation, which constitutes a hazard to persons, livestock or property, the consumer shall immediately disconnect the electricity supply. The consumer shall without delay give notice thereof to the Municipality and shall immediately take steps to remedy the fault.
2)The Municipality may require the-consumer-too reimburse it-for-any-expense-to which-it-may-be-put in connection with a fault in the electrical installation.

44. Discontinuance of use of supply

In 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 2 (two) fall working days after such notice has been given.

45. Change of occupier

(1)A consumer vacating any premises shall give the Municipality not less than 2 (two) full working days' notice in writing of his intention to dis-continue using the electricity supply, fazing which he/she shall, remain liable for such supply.
(2)If the person taking over occupation of the premises desires to continue using the electricity supply, he/she shall make application in accordance with the provisions of section 5 of this Ely-law, and if he/she fails to make application for an electricity supply within 10 (ten) working r days of taking occupation of the premises, the supply of electricity shall be disconnected, and he/she shall be liable to the Municipality for the electricity supply from the date of occupation till such time as the supply is so disconnected.
(3)Where premises are fitted with prepayment meters any person occupying the premises at that time shall be deemed to be the consumer.-Until such time as an application is made by this person for a supply of electricity, in terms of section 5 of this tai-law, he/she Shall be liable for all charges and fees owed to the Municipality for that metering point as well as any outstanding charges and fees whether accrued by that person or not.

46. Service apparatus

1)The consumer shall be liable for all costs to the Municipality arising from damage to or loss of any metering equipment, service protective device, service connection or other apparatus on the premises,, unless such damage or loss is shown to have been occasioned by, an Act of God or an act or omission of art employee of the. Municipality or caused by an abnormality in the supply of electricity to the premises.
2)If, during a period of disconnection of an installation from the supply mains, the service main, metering equipment or any other service apparatus, being the property of the Municipality and having been previously used, have been removed without its permission or have been damaged so as to render reconnection dangerous, the owner or occupier of the premises, as the case may be, during such period shall bear the cost of overhauling and/or replacing such equipment.
3)Where there is a common metering position, the liability detailed in subsection (1) shall devolve on the owner of the premises,
4)The amount due in terms of subsection (1) shall be evidenced by a certificate from the Municipality which shall be final and binding.

Chapter 5
Specific conditions of supply

47. Service connection

(1)The consumer shall bear the cost of the service connection, as approved by the Municipality.
(2)Notwithstanding the fact that the consumer bears the cost of the service connection, ownership of the service connection, laid or erected by the Municipality, shall vest in the Municipality, the Municipality shall be responsible for the maintenance of such service connection up to the point of supply. The consumer shall not be entitled to any compensation from the Municipality in respect of such service connection.
(3)The wont to be carried out by die Municipality at the cost of the consumer for a service connection to the consumer's premises shall be determined by the Municipality or any duly authorized official of the Municipality.
(4)A service connection shall be laid underground, whether the supply mains are laid underground or erected overhead, unless an overhead service connection is specifically required by the Municipality.
(5)The consumer shall provide, fix and/or maintain on his premises such ducts, wire ways, trenches and fastenings as may be required by the Municipality for the installation of the service connection:
(6)The conductor used for the service connection shall have a cross-sectional area according to the size of the electrical supply but shall not be less than 10 mm (copper or copper equivalent), and all conductors shall have the same cross-sectional area, unless otherwise approved by any duly authorized official of the Municipality.
(7)Unless otherwise approved, -the Municipality shall only provide one service connection to each registered erf. In respect of two or more premises belonging to one mistier and situated on adjacent erven, a single bulk supply of electricity may be made available provided the erven are consolidated or notarial tied.
(8)Any covers of a wire way carrying the supply circuit from the point of supply to the metering equipment shall be made to accept the seals of the Municipality.
(9)Within the meter box, the service conductor or cable, as the case may be, shall terminate in an unobscured position and-the conductor shall be visible throughout their length when cover plates, if present, are removed.
(10)In the case of blocks of buildings occupied by a number of individual consumers, separate wire ways and conductors or cables shall be laid from the common metering room or rooms to each individual consumer in the blocks of buildings. Alternatively, if trunking is used, -the conductors of the individual circuits shall be clearly identified (tied together every 1,5m) throughout their length-

48. Metering accommodation

(1)The consumer shall, if required by the Municipality or any duly authorized official of the Municipality, provide accommodation in an approved position, the meter beard and adequate conductors for the Municipality's metering equipment service apparatus and protective devices. Such accommodation and protection shall be provided and maintained, to the satisfaction of the Municipality, at the cost of the consumer or the owner, as the circumstances may demand, and shall be situated, in the case of credit meters, at a port to which free restricted access shall he had at all reasonable hours for the reading of meters but at all times for purposes connected with the operation and maintenance of the service equipment Access at all reasonable hours shall be afforded for the inspection of prepayment meters.
(2)Where sub-metering equipment is installed, accommodation separate from the Municipality's metering equipment shall be provided.
(3)The consumer or, in the case of a common meter position, the owner of the premises shall provide adequate electric lighting in this space set aside for-accommodating-the-metering equipment and service apparatus.
(4)Where in the opinion of the Municipality the position of the meter, service connection, protective devices or main distribution board is no longer readily accessible or becomes a course of danger to life or property or in any way becomes unsuitable, the consumer shall remove it to a new position, and the cost of such removal, which shall be carried out with reasonable dispatch, shall be borne by the consumer.
(5)The accommodation for the Municipality's metering equipment and protective devices may, if approved, include the consumer's main switch and main protective devices. No apparatus other than that used in connection with the supply of electricity and use of electricity shall be installed or stored in such accommodation unless approved.

Chapter 6
Systems of supply

49. Load requirements

1)Alternating current supplies-shall be given as prescribed by the Electricity Act, 1987 (Act No. 41 of 1987), and in the absence of a quality of supply agreement, as out in applicable standard specification.
2)Where the estimated toad, calculated in terms of the safety standard, does not exceed 15kVA, the electrical installation shall be arranged for a two-wire single-phage supply of electricity, unless otherwise approved by the Municipality or any duly authorized official of the Municipality.
3)Where a three-phase four-wire supply of electricity is provided, the load shall be approximately balanced over the Three phases but the maxi-mil out-of-balance load shall not exceed 15kVA, unless otherwise approved by the Municipality or any duty authorized official of the Municipality.
4)No current-consuming appliance, inherently single-phase in character, with a rating which exceeds 15kVA shall be connected to the electrical installation without the prior approval of the Municipality.

50. Intereference with other persons’ electrical equipment

1)No person shall operate electrical equipment having load characteristics which, singly or collectively, give rise to voltage variations, harmonic currents of Voltages, or unbalanced phase currents which fall outside the applicable standard specification.
2)The assessment of interference with other persons' electrical equipment shall be carried out by means of measurements taken at the point of common coupling.
3)Should it be established that undue interference is al fact occurring, the consumer shall, at his/her own cost, install the necessary equipment to filter out the interference and prevent it reaching the supply mains.

51. Supplies to motors

Unless otherwise approved by the Municipality or any duly authorized official of the Municipality the rating of motors shall be limited as follows:
(1)Limited size for low voltage motorsThe rating of a low voltage Single-phase motor shall be limited to 2kW and/or the starting current shall not exceed 70A. All motors exceeding these limits shall be wound for three phases at low voltage or such higher voltage as may be required.
(2)Maximum starting and accelerating currents of three phase alternating current motors. The starting current of three-phase low voltage motors permitted shall be related to the capacity of the consumer's service connection, as follows:
(3)Consumers supplied at medium voltage—In an installation supplied at medium voltage the starting current of a low voltage motor shall be limited to 1,5 times the rated full load current of the supplying such a motor. The starting arrangement for medium voltage motors shall be subject to the approval of the Municipality.

52. Power factor

1)If required by the Municipality, the power factor of any load shall be maintained within the limits 0,85 lagging and 0,9 leading.
2)Where, for the purpose of complying with subsection (1), it is necessary to install power factor corrective devices, such corrective devices shall be connected to the individual appliance terminals unless the correction of the power factor is automatically controlled.
3)The consumer shall, at his/her own cost, install such corrective devices.

53. Protection

Electrical protective devices for motors shall be of such a design as effectively to prevent sustained overcurrent and single phasing, where applicable.

Chapter 7
Measurement of electricity

54. Metering

1)The Municipality shall at the consumer's cost in the form of a direct charge or prescribed fee, Provide, install and maintain appropriately rate metering equipment at the point of metering for measuring the electricity supplied.
2)Except in the case of prepayment meters, the electricity used by a consumer during any metering period shall be ascertained by the reading of the appropriate meter or meters supplied and installed by the Municipality and read at the end of such period except where the metering equipment is found to be defective, or the Municipality invokes the provisions of section 60(2) of this By-law, in which case the consumption for the period shall be estimated.
3)Where the electricity used by a consumer is charged at different tariff rates, the consumption shall be metered separately for each rate.
4)The Municipality reserves the right to meter the supply to Uncles of shops and fiats, tenement-houses and similar buildings for the buildings as a whole, or for individual units; or for groups of units.
5)No alterations, repairs or additions, or electrical connections of any description shall be made on the supply side of the point of metering unless specifically approved in writing by the Municipality or any duly authorized official of the Municipality.

55. Accuracy of metering

1)A meter shall be conclusively presumed to be registering accurately if its error when tested in the manner prescribed in subsection (5) here of, is found to be within the of error as provided for in the applicable standard specifications.
2)The Municipality Shall have the right to test its metering equipment, if it is established by test or otherwise that such metering equipment is defective, the Municipality shall
(a)in the case of a credit meter, adjust the account rendered;
(b)in the case of prepayment meters,
i.render and account where the meter has been under-registering, or
ii.issue a flee token where the merchants been over-registering; in accordance with the provisions of subsection (6)
(3)The consumer shall be entitled to have the metering equipment tested by the Municipality on payment of the prescribed fee. If the Metering equipment is found not to comply with the system accuracy requirements as provided for in the applicable standard specifications, an adjustment in accordance with the provisions of subsections (2)- and (6) shall be Made and the a forth said fee shall be refunded
(4)In case of a dispute, the consumer shall have the right at his own cost to have the metering equipment under dispute tested by an approved independent testing authority, and the result of such test shall be final and binding on both parties.
(5)Meters shall be tested in the mariner as provided for in the applicable specifications.
(6)When an adjustment is, made to the electricity consumption registered on a meter in terms of subsections (2) or (3), such adjustment shall either be based on the percentage error of the meter 'as determined by the 'rest referred to in subsection (5) - or upon a calculation by 'the Municipality from consumption data in its possession. Where applicable, due allowance shall be made, where possible, for seasonal or other variations which may affect the consumption of electricity.
(7)When adjustment is made contemplated in subsection (6), the adjustment may not exceed a period of six (6) months preceding the date on which the metering equipment was found to be inaccurate. The application of slits section does not bar a consumer from claiming back over payment for any longer period where the consumer is able to prove the claim in the normal legal process.
(8)Where the actual load of a consumer differs from the initial estimated load provided for under section 8(1) to the extent that the Municipality deems it necessary, to alter Or replace its metering equipment to match the load, the costs of such alteration or replacement shalt-be borne by the consumer—
(9)Prior to the Municipality making any upward adjustment to an account in terms of subsection (6), the Municipality shall—
(i)notify the consumer in writing of the monetary value of the adjustment to be made and the reasons-therefore;
(ii)in such notification provide sufficient particulars to enable the consumer to submit representations thereon, and
(iii)call, up the consumer in such notice to provide it with reasons in writing, if any, within 21 (twenty-one) days or such longer period as the Municipality may permit why his or her account should not be adjusted as notified.
(b)Should the consumer fail to make any representations during the period referred to in subsection 9(a)(iii) the Municipality shall be entitled to adjust the account as notified in subsection 9(a)(1).
(c)The municipality shall consider any reasons provided by the consumer in terms of subsection 9(a) and shall, if satisfied that a case has -been made out therefore, adjust the account appropriately.
(d)If a duly authorized official of the Municipality decides after having considered the representation made by the consumer that such representations 'do not establish a case warranting au amendment 'to the monetary value established in terms of subsection (6), the Municipality shall be entitled to adjust the account as notified in tem-is of subsection 9(a)(1), subject to the consumer's right to appeal the decision of the official in terms of section 62 of the Municipal Systems Act, 2000.

56. Reading of credit meters

1)Unless otherwise prescribed, credit meters shall normally be read at intervals of one month and the fixed or minimum charges due in terms of the tariff shall be assessed accordingly. The Municipality shall not be obliged to effect any adjustments to such charges.
2)If for any reason the credit meter cannot be read, the Municipality may render an estimated account: The electrical energy consumed shall be-adjusted in a subsequent account in accordance with the electrical energy actually consumed.
3)When a consumer vacates a property and a final reading of the meter is not possible, an estimation of the consumption may be made and the final account rendered accordingly.
4)If a special reading of the meter is desired by a consumer, this may be obtained upon payment of the prescribed fee.
5)If any calculating, meeting or metering error is discovered in respect of any account rendered is a consumer, the error shall be corrected in subsequent accounts. Any such correction shall only apply in respect of accounts for a period of 6 (six) months preceding the date on which the error in the accounts was discovered; and shall be based on the actual tariffs applicable during the period. The application of this selection does not prevent a consumer from claiming back overpayment for any longer period where the consumer is able to prove the claim in the normal legal process.

57. Prepayment metering

1)No refund of the amount tendered for the purchase of electricity credit shall be given at the point of sale after initiation of the process by which the prepayment meter token is produced
2)Copies of previously issued tokens for the transfer of credit to the prepayment meter may be issued at the request of the consumer.
3)When a consumer vacates any premises where a prepayment meter is installed, no refund for the credit remaining in the meter shall be made to the consumer by the Municipality.
4)The Municipality shall not be made liable for reinstatement of credit in a prepayment meter lost due to tampering with, or the incorrect use or the abuse of, prepayment meters and/or tokens.
5)Where a consumer is indebted to the Municipality for electricity consumed or to the Municipality for any other service supplied by the Municipality (including rates) or for any charges previously raised against him/her in connection with any service rendered, the Municipality may deduct a percentage from the amount tendered to offset the amount owing to the Municipality, as set out in the section 5 agreement for the supply of electricity.
6)The Municipality may, at its discretion, appoint vendors for the sale of credit for prepayment meters and shall not guarantee the continued operation of any vendor.

Chapter 8
Electrical contractors

58.

In addition to the requirements of the Regulations the following requirements shall apply:
(1)Where an application for a new or increased supply of electricity has been made to the Municipality, any duly authorized official of the Municipality may at his/her discretion accept notification of the completion of any part of an electrical installation, the circuit arrangements of which permit the electrical installation to be divided up into well-defined separate portions, and such part of the electrical installation may, at the discretion of any dub/ authorized official of the Municipality, be inspected, tested and connected to the supply mains as though it were a complete installation.
(2)The examination, test and inspection that may be carried out at the discretion of the Municipality or any duly authorized official of the Municipality in no way relieves the electrical contractor/accredited person or the user or lessor, as the case may be, from his responsibility los, any defect in the installation. Such 'examination, test and inspection shall not be tat-an under any circumstances (even where the electrical installation has been connected to the supply mains) as indicating or guaranteeing in a way that the electrical installation has been carried out efficiently with the most suitable materials for the purpose or that it is in accordance with this By-law or the safety standard, and the Municipality shall not be held responsible tor any detect or fault in such electrical installation

59.

The Municipality shall not be held responsible for the work done by the electrical contractor/ accredited person on a consumer's premises and shall not in any way be responsible for any loss or damage which may be occasioned by fire or by any accident arising from the state of the wiring on the premises.

Chapter 9
Cost of work

60.

The Municipality may repair and make good any damage done in contravention of this By-law or resulting from a contravention of this By-law. The cost of any such work carried out by the Municipality which was necessary due to the contravention of this By-law, shall be to the account of the Person who acted in contravention of this By-law.

Chapter 10
Administrative enforcement provisions

61. Appointment of authourised officials

(1)The municipality must appoint authorized officials vested with the power to exercise the powers of an authorized official under these Bylaws and to discharge the municipality's right of access to premises in terms of section 101 of the Systems Act.
(2)An authorized official is not a peace officer within the meaning of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) and has no powers of arrest in respect of any offence created in these Bylaws.
(3)In appointing an authorized official, the municipality must have regard to—
a)a person's technical understanding and experience of matters related to electricity services; and
b)any other factor that may be relevant to supervision and enforcement of these Bylaws, whether technical or administrative.
(4)An authorized official may be an employee of the municipality or any service provider of the municipality.
(5)Upon appointment, authorized officials must be issued with a means of identification by the municipality which must state the name and function of the authorized official, and must include a photograph of the officer.
(6)An authorized official, acting within the powers vested in him by these Bylaws, is required to present identification on demand by any member of the public.

Part II – Power of authorized officials

62. Right of admittance to inspect, test or do maintenance work

(1)An authorized official may, by notice in writing served on the owner or occupier of any property, require the owner or occupier to provide, on the day and at the hour specified in such notice, access to such property to the authorized official for the purpose of—
a)doing anything authorized or required to be tisane by the municipality under these By-law or any other law;
b)inspecting and examining any service mains and anything connected with it;
c)enquiring into arid investigating any possible source of electricity supply or the suitability of immovable property for any work, scheme or undertaking of the municipality and making any necessary survey in this connection;
d)ascertaining whether there is or has been a contravention of the provisions of these By­law or any other law, and
e)enforcing compliance with the provisions of these Bylaws or any other law.
(2)Notwithstanding subsection (1), an authorized official who has reasonable grounds to suspect that harm or damage to property may arise or has arisen as a result of the electricity supply to premises, or in any way related with the provision of electricity services, the authorized official may, without notice, enter and search any affected premises and take any action necessary to prevent the harm or damage to property including disconnecting the system in terms of section 15.
(3)Any action under this section, including subsection (2), must be conducted in a manner that conforms to the requirements of the Bill of Rights and any other law and., in particular, must be conducted with strict regard to decency and order, respect for a person's dignity, freedom and security, and personal privacy.

63. Refusal or failure to give information

1)In order to monitor or enforce compliance with these Bylaws, an authorized official, may, subject to the requirements of the Bill of Rights, and any other law including the common law, require any person to disclose information, either orally or in writing, and either alone or in the presence of witnesses, in any matter to which these Bylaws relate and require that the disclosure be made on oath or affirmation.
2)An authorized official maybe accompanied by an interpreter and any other reasonably required to assist the authorized official in conducting the inspection.
3)An authorized official must, on request by a person requested to give information, provide his identification as an authorized official.
4)No person shall refuse or fail to give such information as may he reasonably and lawfully required of him by any authorized official or render any false information-to any such official regarding any electrical installation work completed or contemplated.

64. Refusal of admitiance

No person shall willfully hinder, obstruct, interfere with or refuse admittance to any authorized official in the performance of his duty under these Bylaws or of any duty connected with or relating to these By-laws,

Part III – Administrative penalties

65. Establishment of an administrative penalty system

1)The municipality may establish an administrative penalty system in terms of this Chapter.
2)A decision to establish administrative penalty system in terms of subsection (1) must be published by a notice in the Provincial Gazette and comes into operation on the date announced in the notice which may not be less than three (3) months from the date of its publication.

66. Infringement notices

1.If a municipality has established an administrative penalty system, an authorized official may issue an infringement notice to any person who commits an offence* listed in Column A of Schedule 3.
2.The infringement notice must
a)specify, at the time when the notice is issued, the name and also the residential and postal address, if either or both of these be known, of the person on whom the infringement notice is served
b)state the particulars of the infringement;
c)specify the amount of the penalty payable in respect of that infringement designated in Column B of Schedule 3;
d)specify the place where the penalty may be paid; and
e)inform the person on whom the infringement notice is served that, not later than 28 calendar days after the date of service of the infringement notice, he or she may
(i)pay the penalty; or
(ii)inform the municipality in writing at an address set out in the notice that he or she elects to Ire tried in court on a charge of having co united an offence in terms of Chapter 11 of these Bylaws.
(3)If it appears to the authorized official that an alleged offence cannot be adequately punished by the payment of the administrative penalty then the authorized official may refrain from accepting the administrative penalty and may take proceedings against the alleged offender in an appropriate Court in terms of Chapter 11 of these By-laws.

67. Trial

If a person who elects to be tried in court in terms of subsection 68(e)(ii) notifies the municipality of his election, the authorized official must within ten (10) calendar days take all necessary steps, as envisaged in the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in order to secure the attendance and prosecution of the accused, in which event the infringement notice must be cancelled.

68. Withdrawal of infringement notice

(1)Within one year after the infringement notice has been issued an authorized official may, whether or not the penalty has been paid, withdraw an infringement notice on the basis that new information has been received by the municipality Or on any other good cause, by—
a)sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn; and
b)providing reasons to the municipal manager for the withdrawal of the infringement notice.
(2)Where an infringement notice is withdrawn after the penalty has been paid, the amount shall be refunded.

69. Infringement notice not an admission

Payment of a penalty shall not be regarded as an admission for the purposes of any proceedings, whether civil or criminal

Chapter 11
Judicial enforcement provisions

70. Offences

(1)Subject to subsection (2), any person who
a)contravenes or fails to comply with any provisions of these Bylaws, other than a provision relating to payment for electricity services;
b)fails to comply-with any notice or order issued or condition imposed in terms of or for the purposes of these Bylaws;
c)fails to comply with any lawful Instruction given in term-is of or for the purposes of these Bylaws; or
d)who obstructs or hinders any authorized representative or employee of the municipality in the execution of his s duties under these Bylaws; is guilty of an offence and liable on conviction to a fine not exceeding 20 000.00 or in default of payment to imprisonment for a period not exceeding twenty four (24) months and in the case of any continued offence, to a further fine not exceeding R1 00 or in default of payment, to imprisonment not exceeding one (1) day for every day during the continuance of such offence after a written notice has been issued by the municipality and served on the person concerned requiring discontinuance of such an offence.
(2)No person shall be liable to improvements if he/she is unable to afford to pay a fine, and shall instead be liable to a period of community service.
(3)Any person committing a breach of the provisions of these Bylaws shall be liable to recompense the municipality for any loss or damage suffered or estimated by it in consequence of the breach.

Chapter 12
General

71. Service of documents and process

For the purposes of the service of any notice, order or other document relating to non-payment for the provision of electricity services, the address of the owner of the premises to which electricity services are provided is the place where service of documents and process shall be-made.

72. Service of notices

(1)Any notice, order or other document that is served on any person in tents of these Bylaws =St, subject to the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), be served personally, falling which, it may regard as having duly been served—
a)when it has been left at that person's place of residence or business, or, where his household is situated in the Republic, when it has been left with a person who is apparently sixteen (16) years.
b)if that person's address in the Republic is unknown, when it has been served on that person's agent or representative in the Republic either personally or in the manner provided by paragraphs (c), or (d) or
c)if that person's address and the identity or the address of his agent or representative in the Republic is unknown, when it has been posted in a conspicuous place on the property or premises, if any, to which it relates; or
d)subject to section 73, if sent by registered post, whether service by registered post is, or is not required, if effected by sending it by properly addressing it to the addresses last known residence, place of business or postal address, prepaying and posting a registered letter containing the notice, order or-other document, and unless the contrary be proved, shall be presumed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2)When any notice or other document "Must be authorized or served on the owner, occupier or holder of any property or right in any property, it is sufficient if that person is described in the notice or other documents as the owner, occupier or holder of the property or right question, and it is not necessary to name that person.
(3)Any legal process is effectively and sufficiently served on the municipality when it is delivered to the municipal manager or a person in attendance at the Municipal Manager's office.
(4)Any legal process is effectively and sufficiently serviced on the service provider when it is delivered to the managing director or a-person in attendance at the managing director's office.

73. Compliance with notices

Any 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.

Chapter 13
Repeal of By-laws

74. Repeal of By-laws

The By-laws specified in the first column of Schedule 1 are hereby repealed to the extent set out in the second column of Schedule 1: Provided that the repeal of such Bylaws shall not affect anything done in terms of or any right, obligation or liability acquired or incurred under those Bylaws.[Please note: The Schedules to this notice has been omitted from the Gazette.]

75. Date of commencement

This by-law shall be called Electricity by-law and shall take effect from the date of proclamation in the Provincial Gazette.
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History of this document

17 February 2025 this version
Commenced