1. DefinitionsIn this by-law, 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 master installation electrician, as the case may be;"Applicable standard specification" means the standard specifications as listed in Schedule 2 attached to this by-law;"Authorized official" means an employee of the Municipality or any other person who is duly authorized thereto in writing by the Municipality to perform any act, function or duty in terms of, or exercise any power under this by-law;"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:(i)any occupier thereof or any other person with whom the Municipality has contracted to supply or is actually supplying electricity thereat; or(ii)if such premises are not occupies, any person who has a valid agreement with the Municipality for the supply of electricity to such premises; or(iii)if there is no such person or occupier, the owner of the premises;"Council" means a Municipal Council as defined hereunder in these Definitions;"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 the set of nominal voltage levels that are used in power systems for bulk transmission of electricity in the range of 44kVUN 220 kV [SANS 1019];"Low voltage" means the 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 D.C. voltage of 1500V) [SANS 1019];"The law" means any applicable law, proclamation, ordinance, act of parliament or enactment having force of law, including, but not limited to, the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"Medium voltage" means the set of nominal voltage levels that lie above low voltage and below high voltage in the range of 1 kV UN 44 kV. [SANS 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 the sum total of the kW input ratings of all the individual motors connected to an installation;"Motor rating" means the maximum continuous kW output of a motor as stated on the maker's rating plate;"Motor starting current" in relation to alternating current motors means the root means square value of the symmetrical current taken by a motor when energized at its rated voltage with its starter in the starting position and the rotor locked;"Municipal Council" or "Council" means a Municipal Council referred to in section 157(1) of the Constitution and shall include the Cape Agulhas Council;"Municipality" means the Cape Agulhas Municipality or any legal entity duly authorized by the Cape Agulhas Municipality to provide an electricity service within the jurisdiction of the Cape Agulhas 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 agent for any person entitled thereto or interested therein, or(d)any person in control of such premises or responsible for the management thereof, and includes the agent of any such person when absent from the Republic of South whereabouts are unknown;"Owner" means:(a)a person in whom the legal title to a premises is vested;(b)in a case where the person in whom the legal title is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration of and control of such premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in the case where Council is unable to determine the identity of the person in whom the legal title is vested, the person who is entitled to the benefit of such premises of a building thereon;(d)in the case of premises for which a lease of 30 years or more has been entered into, the lessee thereof;(e)in relation to:(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986, and without restricting the above, the developer or the body corporate in respect of the common property; or(ii)a section as defined in such Act, the person in whose name such section is registered under a sectional title deed and includes the lawfully appointed agent of such a person;(f)any legal person including, but not limited to:(i)a company registered in terms of the Companies Act, 1973, Trust inter vivos, Trust mortis causa, a Closed Corporation registered in terms of the Closed Corporations Act, 1984 or a voluntary association;(ii)any Department of State;(iii)any Council or Board established in terms of any legislation applicable to the Republic of South Africa; and(iv)any Embassy or other foreign entity; and(g)a lessee of municipal property who will be deemed to be the owner for the purposes of rendering a municipal account;"Person" includes a legal person;"Point of consumption" means a point of consumption as defined in the Regulations;"Point of metering" 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 is 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-purchases amounts of energy in an electrical circuit;"Regulations" means Regulations made in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), as amended;"Safety standard" means the Code of Practice of the Wiring of Premises SANS 10142-1 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 occuring on the installation or on the internal service connection;"Standby suppply" means an alternative electricity supply not normally used by the consumer;"Tariff" means the Municipality's tariff of charges for the supply of electricity, and "token" means the essential element of a prepayment metering system used to transfer information from a point of sale for electricity credit to a prepayment meter and vice versa;"Voltage" means the root-mean-square value of electrical potential between two conductors.
2. Other termsAll other terms used in this by-law shall, unless the context otherwise requires, have the meaning assigned thereto in the Electricity Act, 1987 (Act 41 or 1987), as amended, or the Occupational Health and Safety Act, 1993 (Act 85 of 1993), as amended.
3. Headings and titlesThe headings and titles in this by-law shall not affect the construction thereof.
General conditions of supply
4. Provision of electricity servicesOnly the Municipality shall supply or contract for the supply of electricity within the jurisdiction of the Municipality.
5. Supply by agreementNo 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 provision of this by-law shall in all respects govern such supply. If a person uses an electricity supply without entering into an agreement such person shall be liable for the cost of electricity used as stated in section 44 of this by-law.
6. Service of notice
7. Compliance with noticesAny 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.
8. Application for supply
9. Processing of requests for supplyApplications for the supply of electricity will be processed and the supply made available within the periods stipulated in NRS 047.
11. Statutory servitude
12. Right of admittance to inspect, test and/or do maintenance work
13. Refusal or failure to give informationNo person shall refuse or fail to give any information which may be reasonably required by any duly authorized official of the Municipality or render any false information to any such official regarding any electrical installation work completed or contemplated.
14. Refusal of admittanceNo person shall willfully hinder, obstruct, interfere with or refuse admittance to any duly authorized official of the Municipality in the performance of such official's duty under this by-law or of any duty connected therewith or relating thereto.
15. Improper useIf 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 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 manner.
16. Electricity tariffs and feesCopies of charges and fees may be obtained at the office of the Municipality.
17. DepositsThe 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 the 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 purpose 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.
18. Payment of charges
19. Interest on overdue accountsThe 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.
20. Principles for the resale of electricity
21. Right to disconnect supply
22. Non-liability of the MunicipalityThe Municipality shall not be liable for any loss or damage, direct or consequential, suffered or sustained by a consumer as a result of or arising from the cessation, interruption or any other abnormality of the supply of electricity, unless caused by negligence on the part of the Municipality. The consumer shall have the right of appeal against any ruling by the Municipality in terms of this provision.
23. Leakage of electricityUnder 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.
24. Failure of supplyThe 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 any damage which may have been done to the service main and meter by such fault or faulty operation as aforesaid.
25. Seals of the MunicipalityThe 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 no 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 or interfere with such seals or locks. In such cases where seals have been broken, the consumer will be liable for a tampering fee as prescribed in Section 16.
26. Tampering with service connection or supply mains
27. Protection of Municipality's supply mains
28. Prevention of tampering with service connection or supply mainsIf the Municipality decides that it is necessary to take special precautions in order to prevent tampering with any portion of the supply mains, service connection or service 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.
29. Unauthorized connectionsNo 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 electricity installation or part thereof to the supply mains or service connection.
30. Unauthorized reconnections
31. Temporary disconnection and reconnection
32. Temporary suppliesIt shall be a condition of the giving of any temporary supply of electricity, as described in section 8.(2) of 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 by the consumer by such termination.
33. Temporary workElectrical 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 consider desirable and necessary.
34. Load reduction
35. High, medium and low voltage switchgear and equipment
36. Substation accomodationThe 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 rooms to be used exclusively for the purpose of housing medium voltage cables and switchgear, transformer, 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 for purposes connected with the operation and maintenance of the equipment.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.
37. Wiring diagram and specification
38. Standby supplyNo 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.
39. Consumer's emergency standby supply equipment
40. Circular letters
Responsibilities of consumers
41. Consumer to erect and maintain electrical installationEvery consumer shall maintain the electrical installation, sub stations and all appliances on the premises owned or occupied by him in good order and repair and shall be responsible for the safekeeping of all meters, service fuses, service mains and other electrical apparatus and fittings belonging to the Council which are placed or installed in his premises. The consumer shall be responsible for any loss of or damage to any apparatus and fittings belonging to the Council which directly or indirectly results from a failure on his part to exercise all reasonable care in safeguarding the same, or is caused by any willful or negligent act or omission of the consumer or of his employee or agent or any person who is upon the said premises with the consent, tacit or otherwise, of the consumer, or given on his behalf and the consumer shall pay to the Council on demand the cost of making good or of repairing any such loss or damage as ascertained and certifies by the Engineer.
42. Fault in electrical installation
43. Discontinuance of use of supplyA consumer wishing to discontinue using the electricity supply shall give at least two full working days' notice in writing of such intended discontinuance to the Municipality, failing which such consumer shall remain liable for all payments due in terms of the tariff for the supply of electricity until the expiration of two full working days after such notice has been given.
44. Change of occupier
45. Service apparatus
Specific conditions of supply
46. Service connection
47. Metering accomodation
Systems of supply
48. Load requirementsAlternating current supplies shall be given as prescribed by the Electricity Act, 1987 (Act 41 of 1987), and in the absence of a quality of supply agreement, as set out in applicable standard specification.
49. Load limitations
50. Interference with other persons' electrical equipment
51. Supplies to motorsUnless otherwise approved by the Municipality or any duly authorized official of the Municipality the rating of motors shall be limited as follows:
|Insulated service cable, size in mm², copper equivalent (mm²)||Maximum permissible starting current (A)||Maximum motor rating (kW)|
|Direct on line (6 × full-load current) (kW)||Star/Delta (2,5 × full-load current) (kW)||Other means (1,5 × full-load current) (kW)|