OUTA slams new requirements for South Africans with solar systems
The Organisation Undoing Tax Abuse (OUTA) has strongly criticised a new position paper from the Association of Municipal Electricity Utilities (AMEU).
OUTA argues it contains incorrect interpretations of the law and could lead to unlawful new requirements for South Africans with small-scale solar systems.
After reviewing the document, OUTA said the AMEU is overstating what municipalities are legally allowed to do and is creating the impression that they can impose new safety and approval processes for solar installations.
OUTA said it fully supports strong safety rules. However, the AMEU’s paper “contains several incorrect interpretations of legislation” and risks misleading municipalities, installers and the public.
One of OUTA’s biggest concerns is the lack of transparency around how the AMEU developed its paper.
The AMEU claimed it consulted with experts, but OUTA noted that it “provides no list of contributors and no indication that the recognised technical committees legally responsible for developing electrical safety regulations and standards were consulted”.
Without that information, OUTA said there is no way to know whether the document reflects expert consensus or simply an internal AMEU view.
OUTA stressed that national legislation already sets out the rules for electrical installations, including solar systems.
The Occupational Health and Safety Act and the Electrical Installation Regulations (EIR) clearly define who may set regulations, who interprets standards and who certifies installations.
“Only the Minister of Employment and Labour may create regulations and the SABS may create technical requirements,” OUTA explained.
The Chief Inspector is also the only authority who may interpret technical standards during disputes.
For this reason, OUTA said the AMEU is wrong to suggest that municipalities can create their own approval processes or add new requirements on top of the Certificate of Compliance (CoC).
OUTA noted that municipalities may only request a CoC and receive notice when a solar system is installed. Those responsibilities do not grant discretionary approval powers.
Municipalities may not invent new processes
OUTA is also concerned that the AMEU paper claims municipalities can require additional commissioning documents or impose extra approval steps beyond the CoC.
This would directly contradict the Electrical Installation Regulations, which give Registered Persons the sole authority to inspect, test and certify electrical installations.
“A valid CoC confirms legal safety compliance for the entire electrical installation,” OUTA said. If a municipality tried to reject or override a valid CoC, OUTA believes it would be acting unlawfully.
The organisation also disputes the AMEU’s claim that the withdrawal of SANS 10142-1-2 has created a gap in the standards governing solar installations.
SANS 10142-1-2 is a South African standard that provides additional safety requirements for the installation of low voltage small-scale embedded generators (SSEGs), such as solar PV systems, that are connected to the national grid.
OUTA said there is no gap at all. South Africa has already adopted IEC 60364-7-712 as the standard for generation plants, and this is already referenced in SANS 10142-1.
These standards also include requirements for PV systems and inverters. According to OUTA, “there is no vacuum in the regulatory framework”.
Another major issue is the AMEU’s treatment of the NRS 097 series of documents. OUTA points out that NRS specifications are not laws or compulsory standards.
The NRS 097 series documents are a set of South African technical standards for the grid interconnection of embedded generation, such as solar and other power sources.
However, OUTA said that they are utility guidelines and are not incorporated into national legislation, meaning they cannot be enforced on the public.
Using them to justify extra municipal requirements, especially for homes with systems that do not feed power back into the grid, “causes confusion and places unlawful burdens on consumers and installers”.
OUTA believes that the AMEU misrepresents the Electricity Regulation Act (ERA) by suggesting all systems under 100 kVA must be registered with a licensed distributor.
OUTA said this is incorrect. The ERA does not cover solar systems up to 100 kVA if they do not export electricity.
Off-grid and standby systems are exempt from registration, while systems exceeding 100 kVA are required to register with NERSA. Municipalities may not invent new processes under the guise of safety.
While safety remains essential, OUTA noted that any improvements must stay within the national legislative framework.
Municipalities can ask for a CoC, inspect supply-related infrastructure where allowed and report unsafe systems to the Department of Employment and Labour.
However, they may not redefine competence, introduce parallel approval processes or rewrite safety obligations already set out by law.
OUTA is calling on the AMEU to work with the broader electrical industry through a national forum that includes the Department of Employment and Labour, SABS, Eskom, municipalities and recognised industry bodies.
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