29 June 2011
Herewith a brief update as to what has transpired over the last few days:[restrictedarea] It was brought to our attention that during a recent Parliamentary Portfolio Committee (PPC) Meeting on Energy, Mr Aphane projected a letter up during his presentation that stated that SAWEA, SAPVIA and SASTELA supported DoE in the assertion that NERSA had no mandate to deal with the tariffs and that we were querying NERSA’s role. When questioned as to the legal issues and challenges, Mr. Aphane simply took out the legal opinion and referred to certain sections which, out of context, or rather not in the context of the whole document and summary findings, said that NERSA’s mandate was a problem and thus REFIT was flawed, etc. He further stated that there were only very few parties who differed with this and in fact supported the REFIT.
Further to this, the following article appeared in Business Day: http://www.businessday.co.za/articles/Content.aspx?id=146867
In reaction to this, an urgent decision was taken by SAPVIA, SAWEA and SASTELLA to send a letter to the Chairperson of the PPC, clearly stating the associations’ view on the situation and requesting an audience with the PPC, as well as to send out a press release to correct the misrepresentation that appeared in the Business Day article.
Feedback today is that NERSA has rejected the determinations sent to them from DoE for approval (this would have been for the commencement of the procurement process under bidding rules and to determine the buyer and procurer), and the letter that was drafted to the PPC is now in the hands of Garrith Bezuidenhoudt (he and the Minister are currently in London), and will thereby be passed onto to the Minister for her attention.