Electricity Supply (Amendment) Act 2015 · s 23

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23.
New sections 30a and 30b
The principal Act is amended by inserting after section 30
the following sections:
“Notification of dispute and binding decision by the
Commission
30a.  (1)  Any party to a dispute may, in writing, notify the
Commission of the dispute which the parties to the dispute had failed to resolve by negotiation under subsection 30(1).
(2)  The committee established by the Commission under subsection 30(2) shall only be convened to resolve a dispute if the Commission is satisfied that—
(a)	 an agreement to resolve the dispute will not be reached or will not be reached within a reasonable time;
and
(b)	 the dispute and its notification is not trivial, frivolous or vexatious.

Electricity Supply (Amendment)
(3)	 The committee may resolve the dispute upon such terms and conditions as it deems fit.
(4)	 The terms and conditions under subsection (3) shall be in writing and accompanied by the grounds for the committee’s decision.
(5)	 The committee’s decision shall be deemed as a decision of the Commission and be binding on the parties.
(6)	 A decision made by the Commission under this section may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect by the Sessions Court, and where leave is so given, judgment may be entered in terms of the decision of the Commission and as if the decision was a judgment of such Court.
(7)	 The judgment under subsection (6) can only be entered if a certificate has been issued by the Commission to any party for leave to proceed to the Court for the enforcement of the decision but no certificate is required if an action is taken by the Commission under this section.
Register of decisions
30b.  (1)  The Commission shall maintain a register of all decisions made under section 30a.
(2)	 The register shall contain—
(a)	 the names of the parties to the dispute;
(b)	 a general description of the matter pertaining to the decision; and
(c)	 the date of the decision.”.

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s 23New sections 30a and 30b

The principal Act is amended by inserting after section 30

the following sections:

“Notification of dispute and binding decision by the

Commission

s 30a

(1)

Any party to a dispute may, in writing, notify the

Commission of the dispute which the parties to the dispute had failed to resolve by negotiation under subsection 30(1).

(2)

The committee established by the Commission under subsection 30(2) shall only be convened to resolve a dispute if the Commission is satisfied that—

(a)

an agreement to resolve the dispute will not be reached or will not be reached within a reasonable time;

and

(b)

the dispute and its notification is not trivial, frivolous or vexatious.

Electricity Supply (Amendment)

(3)

The committee may resolve the dispute upon such terms and conditions as it deems fit.

(4)

The terms and conditions under subsection (3) shall be in writing and accompanied by the grounds for the committee’s decision.

(5)

The committee’s decision shall be deemed as a decision of the Commission and be binding on the parties.

(6)

A decision made by the Commission under this section may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect by the Sessions Court, and where leave is so given, judgment may be entered in terms of the decision of the Commission and as if the decision was a judgment of such Court.

(7)

The judgment under subsection (6) can only be entered if a certificate has been issued by the Commission to any party for leave to proceed to the Court for the enforcement of the decision but no certificate is required if an action is taken by the Commission under this section.

s 30bRegister of decisions

(1)

The Commission shall maintain a register of all decisions made under section 30a.

(2)

The register shall contain—

(a)

the names of the parties to the dispute;

(b)

a general description of the matter pertaining to the decision; and

(c)

the date of the decision.”.