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Electricity Act


Published: 2001

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ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title.

2. Interpretation.

PART II

ZIMBABWE ELECTRICITY SUPPLY AUTHORITY AND ZIMBABWE ELECTRICITY SUPPLY BOARD

3. Establishment of Zimbabwe Electricity Supply Authority.

4. Establishment of Zimbabwe Electricity Supply Board.

5. Constitution of Board.

6. Terms and conditions of office of members.

7. Disqualifications for appointment as member.

8. Vacation of office by member.

9. Minister may dismiss or suspend members.

10. Filling of vacancies on Board.

11. Meetings and procedure of Board.

12. Committees of Board.

13. Remuneration and expenses of members of Board and members of committees.

14. Disclosure of interest of members of Board and members of committees.

15. Validity of decisions and acts of Board.

16. Execution of contracts and instruments by Authority.

17. Minutes of proceedings of Board and committees.

PART III

FUNCTIONS OF AUTHORITY

18. Functions of Authority.

19. Powers of Authority.

20. Reports of Authority.

21. Minister may give Authority directions in national interest.

22. General Manager.

23. By-laws of Authority.

PART IV

FINANCIAL PROVISIONS RELATING TO AUTHORITY

24. Conduct of financial affairs of Authority.

25. Funds of Authority.

26. Investment of moneys not immediately required by Authority.

27. Charges to be made to operating account.

28. Establishment and operation of general reserve.

29. Capital development fund.

30. Meeting of deficiencies.

31. Financial year of Authority.

32. Accounts and audit.

PART V

GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY OF

ELECTRICITY

33. Persons who may operate undertakings other than private undertakings.

34. Agreements to supply from private undertakings.

35. Contracts with Authority for operation of undertakings.

36. Submission of information by certain private undertakings.

37. Alteration or extension of certain undertakings.

38. Duties of Authority as to supply of electricity.

39. Lessening or discontinuation of supply.

40. Prices for supply of electricity by Authority.

41. Imposition of development levy.

PART VI

ACQUISITION OF LAND AND RIGHTS OVER LAND

42. Interpretation in Part VI.

43. Acquisition of land for electricity purposes.

44. Wayleaves over land.

45. Rights acquired over land to bind successors in title.

46. Authorized undertaker's power of entry and inspection.

47. Trees and buildings interfering with transmission lines or waterpipelines.

48. Breaking up of streets.

49. Compensation for damage caused in exercise of Powers.

PART VII

OFFENCES AND PENALTIES

50. Offences in relation to electric current and apparatus.

51. False statements.

52. Offences by undertakers.

53. Offences in relation to inquiries.

54. Obstruction of undertakers and their employees and agents.

55. . . . . .

[repealed by Act 22 of 2001, with effect from the 20th May, 2002.]

PART VIII

GENERAL

56. Inspection of undertakings.

57. Procedure in case of non-compliance with Act by Authority, general manager or member of Board.

58. Advisory committees.

59. Inquiries.

60. Notice of accidents.

61. Regulations.

PART IX

REPEALS, AMENDMENTS, TRANSITIONAL PROVISIONS AND SAVINGS

62. Interpretation in Part IX.

63. Transfer of assets, liabilities and staff of Electricity Supply Commission.

64. Transfer of assets, liabilities and staff of local authority undertakings. 65. Remedies of aggrieved employees regarding adverse conditions of employment.

66. Continuation of undertakings by local authorities.

67. Regulations regarding transitional matters.

68. Savings.

FIRST SCHEDULE: Powers of Authority.

SECOND SCHEDULE: Compensation for Transferred Employees.

AN ACT to establish the Zimbabwe Electricity Supply Authority and to provide for the functions thereof; to provide for the constitution and functions of the Zimbabwe Electricity Supply Board; to regulate the generation, transmission, distribution and supply of electricity within Zimbabwe; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 24th January, 1986.]

PART I

PRELIMINARY

1 Short title

This Act may be cited as the Electricity Act [Chapter 13:05].

2 Interpretation

In this Act-

"Authority" means the Zimbabwe Electricity Supply Authority established by section three;

"authorized undertaker" means-

(a) the Authority; or

(b) a private undertaker supplying electricity to another person under an agreement consented to by the Minister and the Authority in terms of section thirtyfour;

(c) a local authority or other person operating an undertaking under a contract entered into in terms of section thirty-five; or (d) the Zambezi River Authority.

"Board" means the Zimbabwe Electricity Supply Board established by section four;

"fixed date" means the 24th January, 1986;

"general manager" means the general manager of the Authority appointed in terms of section twenty-two;

"generating station" means any station for generating electricity, including any buildings, plant and machinery used for the purpose and all accessories necessary thereto, together with the site thereof, and any site intended to be used for such a station;

"group of associated companies" means a group of companies recognized as such by the Minister;

"local authority" means a municipal council, town council, local board or rural district council;

"member" means the chairman or any other member of the Board referred to in subsection (1) of section five;

"Minister" means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act;

"owner", in relation to land other than State land, includes-

(a) the person who is the agent or representative in Zimbabwe of the owner of the land;

(b) the liquidator of a company;

(c) the representative recognized by law of any owner who has died, become insolvent, assigned his estate, is a minor or of unsound mind or is otherwise under a disability;

"private undertaker" means a person who operates a private undertaking;

"private undertaking" means-

(a) an undertaking for the generation, transmission, distribution or supply of electricity for use solely or mainly on the premises of the private undertaker or for the purposes of his business, being a business other than a business for the transmission, distribution or supply of electricity; or

(b) an undertaking or undertakings for the generation, transmission, distribution or supply of electricity operated solely or mainly in the interests of a group of associated companies for the purposes of the businesses of those companies, being businesses other than businesses for the transmission, distribution or supply of electricity;

"rated generating capacity", in relation to any generating plant, means the designed maximum continuous out-put of the installed generating plant;

"State land" means State land vested in the President, excluding Communal Land; "street" means any street, highway or other road, or any part of a street, highway or road, whether or not at any time it has been declared to be a road in terms of the

Roads Act [Chapter 13:12], and includes-

(a) any bridge, ferry or pontoon over which such street, highway or road passes; and

(b) any drift in the line of such street, highway or road; and

(c) any approach, culvert, cutting, dam, ditch, drain, embankment, fence, grid, guard, kerb, parapet, subway or other work or thing belonging to or connected with or forming part of such street, highway or road; and

(d) any sanitary lane or private street;

"transmission line" means any cable or overhead line for the transmission and reticulation of electricity within an undertaking or from one undertaking to another or from an undertaking to a consumer, together with any transformers, switchgear and other works necessary to and used in connection with such cable or overhead line, and the buildings and such part thereof as may be required to accommodate such transformers, switchgear and other works;

"undertaker" means a person who operates an undertaking;

"undertaking" means any undertaking which generates and additionally, or alternatively, transmits, distributes or supplies electricity, with all the assets and liabilities appertaining thereto, whether such undertaking is under the control of the State, the Zambezi River Authority, the Authority, a local authority, a company or other association of persons or a private individual;

"Zambezi River Authority" means the Authority referred to in the Zambezi River Authority Act [Chapter 20:23].

PART II

ZIMBABWE ELECTRICITY SUPPLY AUTHORITY AND

ZIMBABWE ELECTRICITY SUPPLY BOARD

3 Establishment of Zimbabwe Electricity Supply Authority

There is hereby established a corporation to be known as the Zimbabwe Electricity Supply Authority, which shall be a body corporate and shall be capable of suing and being sued and, subject to this Act, of performing all acts that bodies corporate may by law perform.

4 Establishment of Zimbabwe Electricity Supply Board

The operations of the Authority shall, subject to this Act, be controlled and managed by a board to be known as the Zimbabwe Electricity Supply Board.

5 Constitution of Board

(1) The Board shall consist of-

(a) the general manager; and

(b) no fewer than six and no more than nine other members appointed, subject to subsection (2), by the Minister after consultation and in accordance with any directions the President may give him.

(2) Of the members appointed by the Minister in terms of paragraph (b) of subsection (1), at least one shall be chosen from a list of persons nominated by the Local Government Association or any other association or organization which the Minister, after consulting the Minister responsible for local government, considers represents local authorities in Zimbabwe:

Provided that, if the Local Government Association or such other association or organization fails to submit a list of nominations when so required for the purposes of this subsection, the Minister, after consulting the Minister responsible for local government, may appoint as member any person whom he considers will adequately represent the interests of local authorities in Zimbabwe.

(3) The Minister shall appoint one member as chairman of the Board and another member as deputy chairman of the Board, and the deputy chairman shall exercise the functions of the chairman during any period that the chairman is unable to exercise his functions.

(4) The Minister may at any time, by notice in writing addressed to the Board-

(a) assign to the chairman of the Board, subject to such conditions as the Minister may specify, such duties as he may specify for the better implementation of this Act; and

(b) amend or revoke any notice in terms or paragraph (a).

(5) The Minister may appoint any person to the Board as an alternate to any member referred to in subsection (1) and such member-

(a) shall act as a member only when the member to whom he is alternate is for any reason unable to exercise his functions on the Board;

(b) when acting as a member shall exercise the functions of the member to whom he is alternate:

Provided that the alternates to the chairman and deputy chairman of the Board shall not exercise the functions of the chairman or deputy chairman, as the case may be.

6 Terms and conditions of office of members

(1) Subject to this Part, a member shall hold office for such period, not exceeding three years, as the Minister may fix on his appointment.

(2) Subject to section thirteen, a member shall hold office on such conditions as the Minister may fix in relation to members generally.

(3) A retiring member shall be eligible for re-appointment as a member.

7 Disqualifications for appointment as member

The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who-

(a) is not a citizen of Zimbabwe or is not permanently resident in Zimbabwe; or

(b) has, or is married to a person who has, a financial interest in any business or is, or is married to a person who is, engaged in any activity connected with any business, if, in the opinion of the Minister, such financial interest or activity is likely to interfere with the impartial discharge by that person of his duties as a member; or

(c) has, in terms of a law in force in any country-

(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

(ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or

(d) has, within the period of five years immediately preceding the date of his proposed appointment, been convicted of an offence in Zimbabwe and sentenced to a term of imprisonment imposed without the option of a fine and has not received a free pardon.

8 Vacation of office by member

A member shall vacate his office and his office shall become vacant-

(a) one month after the date upon which he gives notice in writing to the Minister of his intention to resign, or on the expiry of such other period of notice as he and the Minister may agree; or

(b) on the date he begins to serve a sentence of imprisonment imposed in

Zimbabwe without the option of a fine; or

(c) if he becomes disqualified in terms of paragraph (a), (b) or (c) of section seven to hold office as a member; or

(d) if he is required in terms of section nine to vacate his office; or

(e) if he is absent without the permission of the Board from two consecutive meetings of the Board of which he was given not less than seven days' notice.

9 Minister may dismiss or suspend members

(1) The Minister may require a member to vacate his office if the Minister is satisfied that the member-

(a) has been guilty of any conduct that renders him unsuitable as a member; or

(b) has failed to comply with the conditions of his office fixed by the

Minister in terms of subsection (2) of section six; or

(c) is mentally or physically incapable of carrying out his functions as a member.

(2) The Minister may suspend a member against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and while that member is so suspended he shall not carry out any functions as a member.

10 Filling of vacancies on Board

On the death of, or the vacation of office by, a member, the Minister shall appoint a person to fill the vacancy until the expiry of the period during which the member would, but for his death or the vacation of his office, have continued in office:

Provided that, if, but for his death or the vacation of his office, the member would have continued to hold office for less than three months the Minister need not appoint a person to fill me vacancy.

11 Meetings and procedure of Board

(1) The Board shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:

Provided that a meeting of the Board shall be held not less than six times in each financial year of the Authority.

(2) The chairman of the Board-

(a) may at any time convene a special meeting of the Board; and

(b) shall, on the written request of the Minister or no fewer than two members, convene a special meeting of the Board, which meeting shall be convened for a date no later than thirty days after his receipt of such request.

(3) Written notice of any special meeting convened in terms of subsection (2) shall be sent to each member no later than forty-eight hours before the meeting and shall specify the business for which the meeting has been convened.

(4) No business shall be discussed at a special meeting convened in terms of subsection (2) other than-

(a) such business as may be determined by the chairman of the Board, where he has convened the meeting in terms of paragraph (a) of that subsection; or (b) the business specified in the request for the meeting, where he has convened the meeting in terms of paragraph (b) of that subsection.

(5) If the chairman and the deputy chairman are both absent from a meeting of the Board, the members present may elect one of their number to preside at that meeting as chairman.

(6) Four members shall form a quorum at any meeting of the Board.

(7) All acts, matters or things authorized or required to be done by the Board may be decided by a majority vote at a meeting of the Board at which a quorum is present.

(8) Subject to section fourteen, at all meetings of the Board each member present shall have one vote on each question before the Board and, in the event of an equality of votes, the chairman shall have a casting vote in addition to a deliberative vote.

(9) Any proposal circulated among all members and agreed to in writing by a majority of all members shall have the same effect as a resolution passed at a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board:

Provided that, if a member requires that such proposal be placed before a meeting of the Board, this subsection shall not apply to such proposal.

12 Committees of Board

(1) For the better exercise of its functions, the Board may establish one or more committees and vest in the committees such of its functions as it thinks fit:

Provided that the vesting of any functions in a committee shall not divest the Board of those functions in relation to any matter that has not been decided by the committee. (2) Where it has established a committee in terms of subsection (1), the Board- (a) shall appoint at least one member of the Board to be a member of the committee and shall designate that member, or one of those members, as the case may be, to be chairman of the committee; and

(b) subject to subsection (3), may appoint persons who are not members of the Board to be members of the committee.

(3) The Board shall not appoint a person to be a member of a committee if he is disqualified in terms of section seven from appointment as a member of the Board. (4) The office of a member of a committee of the Board shall terminate-

(a) in the case of a member who is a member of the Board, upon his ceasing to be a member of the Board;

(b) in the case of a member who is not a member of the Board, if he would be required in terms of section eight to vacate his office had that section and paragraphs (a), (b) and (c) of section seven applied to him.

(5) Subject to this section and section thirteen, members of committees of the Board shall hold office on such conditions as the Board may fix for members of committees generally.

(6) The chairman of the Board may at any time and place convene a meeting of a committee of the Board.

(7) Subject to subsection (6) and sections fourteen and seventeen, the procedure to be followed at any meeting of a committee of the Board and the quorum at such a meeting shall be fixed by the Board.

(8) No decision or act of a committee of the Board or act done under the authority of a committee of the Board shall be invalid solely on the ground that-

(a) the committee consisted of fewer than the number of members, if any, fixed by the Board as constituting the membership of the committee; or

(b) a disqualified person acted as a member of the committee at the time the decision was taken or the act was done or authorized.

13 Remuneration and expenses of members of Board and members of committees

Members of the Board and of committees of the Board shall be paid from the funds of the Authority-

(a) such remuneration, if any, as the Minister, with the approval of the Minister responsible for finance, may from time to time fix for such members generally; and

(b) such allowances, if any, as the Minister, with the approval of the Minister responsible for finance, may from time to time fix to meet any reasonable expenses incurred by such members in connection with the business of the Board or of the committees concerned, as the case may be.

14 Disclosure of interest of members of Board and members of committees (1) If a member of the Board or of a committee of the Board or a spouse of such a member-

(a) tenders for or acquires or holds a direct or indirect pecuniary interest in a contract with the Authority; or

(b) knowingly acquires or holds a direct or indirect pecuniary interest in a company or association of persons applying or negotiating for a contract with the

Authority; or

(c) owns immovable property or a right in immovable property or a direct or indirect pecuniary interest in a company or association of persons which results in his private interests coming or appearing to come into conflict with his duties as a member;

the member shall forthwith disclose the fact to the Board or to the committee, as the case may be.

(2) A member referred to in subsection (1) shall take no part in the consideration or discussion of, or vote on, any question before the Board or the committee, as the case may be, which relates to any contract, right, immovable property or interest referred to in that subsection.

(3) The general manager shall take no part in the consideration or discussion of any question before the Board which relates to the terms and conditions of his appointment as general manager.

15 Validity of decisions and acts of Board

No decision or act of the Board or act done under the authority of the Board shall be invalid solely on the ground that-

(a) the Board consisted of fewer than the minimum number of persons for which provision is made in subsection (1) of section five; or

(b) a disqualified person acted as a member at the time the decision was taken or the act was done or authorized.

16 Execution of contracts and instruments by Authority

An agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Authority by any person or persons generally or specially authorized by the Board for that purpose.

17 Minutes of proceedings of Board and committees

(1) The Board shall cause minutes of all proceedings of and decisions taken at every meeting of the Board or of a committee of the Board to be entered in books kept for the purpose.

(2) Any minutes referred to in subsection (1) which purport to be signed by the chairman of the meeting to which the minutes relate or by the chairman of the next following meeting of the Board or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned.

PART III

FUNCTIONS OF AUTHORITY

18 Functions of Authority

Subject to this Act, the functions of the Authority shall be-

(a) to acquire, generate, transmit, distribute and supply electricity;

(b) to investigate new or additional facilities for the generation, transmission, distribution or supply of electricity, and to advise the Minister of the result of such investigations:

Provided that, if the Minister so directs, the Authority shall consult the Zambezi River Authority in any such investigations;

(c) to acquire, control and operate other undertakings within Zimbabwe; (d) to acquire assets from the Zambezi River Authority for the purposes specified in paragraph (a). 19 Powers of Authority

Subject to this Act, for the better exercise of its functions the Authority shall have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the First Schedule, either absolutely or conditionally and either solely or jointly with others. 20 Reports of Authority

(1) In addition to any report which the Authority is required to submit to the Minister in terms of this Act or the Audit and Exchequer Act [Chapter 22:03], the Authority- (a) shall submit to the Minister such other reports as the Minister may require;

(b) may submit to the Minister such other reports as the Board may consider advisable; in regard to the operations, undertakings and property of the Authority.

(2) The Board shall give the Minister all such information relating to the undertakings of the Authority as the Minister may at any time require.

(3) The Minister may lay a report submitted to him by the Authority in terms of subsection (1) before Parliament.

21 Minister may give Authority directions in national interest

(1) After consultation with the Board, the Minister may give the Authority such directions of a general character relating to the exercise by it of its functions as appear to the Minister to be requisite in the national interest.

(2) With all due expedition, the Authority shall comply with any direction given to it in terms of subsection (1).

22 General manager

(1) The Board shall appoint, subject to this Act and on such terms and conditions as the Board, with the approval of the Minister, may fix, a person approved by the Minister to be the general manager.

(2) No person shall be appointed as general manager and no person shall hold office as general manager if he is not ordinarily resident in Zimbabwe.

(3) The Board shall terminate the appointment of the general manager if he would be required in terms of paragraph (b), (c) or (e) of section eight to vacate his office had that section and paragraphs (a), (b) and (c) of section seven applied to him.

(4) Subject to the control of the Board, the management of the operations, undertakings and property of the Authority shall be vested in the general manager.

(5) The Board may assign to the general manager such of the functions of the Board as the Board thinks fit:

Provided that the Board shall not assign to the general manager any duty that has, in terms of subsection (4) of section five, been assigned to the chairman of the Board (6) Any assignment of functions in terms of subsection (5) may be made either generally or specially and subject to such reservations, restrictions and exceptions as the Board may determine, and may be revoked by the Board at any time.

23 By-laws of Authority

(1) Subject to this Act, the Authority may make by-laws prescribing anything which by this Act is to be prescribed in by-laws or which, in the opinion of the Board, is necessary or convenient to be prescribed in by-laws for the better exercise of the functions of the Authority in terms of this Act.

(2) By-laws made in terms of subsection (1) may provide for-

(a) the terms and conditions under which the Authority will supply electricity and provide equipment, apparatus and appliances;

(b) the payment and collection of moneys due for electricity supplied and rentals of meters and other apparatus;

(c) the making of additional charges or the payment of interest in respect of overdue accounts;

(d) the cutting off of the supply of electricity for non-payment of any price, fee, charge or rental and the reconnection of a supply that has been so cut off; (e) the fees chargeable by the Authority for services incidental to the transmission, distribution or supply of electricity;

( f ) the construction, operation, protection, control, alteration and inspection of works, plant, machinery, apparatus, appliances and equipment for transmission, distribution, connection, installation and use of electricity supplied by the Authority;

(g) the regulation of the operation of undertakings by local authorities with which and persons with whom the Authority has entered into contracts in terms of section thirty-five.

(3) By-laws made in terms of subsection (1) shall not be of force and effect until they have been approved by the Minister by statutory instrument.

(4) By-laws made in terms of subsection (1) may provide penalties for contraventions thereof, but no such penalty shall exceed a fine of one thousand dollars or imprisonment for a period of twelve months or both such fine and such imprisonment.

PART IV

FINANCIAL PROVISIONS RELATING TO AUTHORITY

24 Conduct of financial affairs of Authority

It shall be the duty of the Authority so to exercise its functions and conduct its business as to ensure that its income, taking one year with another, is not less than sufficient to enable the Authority to meet the expenditure of the Authority and other matters properly chargeable to operating account, and in general the Authority shall conduct its business on sound commercial lines.

25 Funds of Authority

The funds of the Authority shall consist of-

(a) such moneys as may be payable to the Authority from moneys appropriated for the purpose by Parliament; and

(b) such other moneys or assets as may vest in or accrue to the Authority, whether in the course of its operations or otherwise.

26 Investment of moneys not immediately required by Authority

Moneys not immediately required by the Authority may be invested in such manner as the Minister and the Minister responsible for finance may approve.

27 Charges to be made to operating account

(1) The Authority shall charge to its operating account all charges which, in the normal conduct of business, are regarded as proper to be charged to operating account and, in so doing, shall make proper provision in each financial year for- (a) the depreciation or diminution in value of assets; and

(b) the payment of interest on and all other charges and expenses incurred in connection with loans; and

(c) the redemption of loans at due times to the extent that such redemption exceeds provision for depreciation, and

(d) meeting, in whole or in part, increases in the cost of replacing assets to an extent approved by the Minister; and

(e) transfers to the general reserve and the capital development fund in accordance with sections twenty-eight and twenty-nine.

(2) In charging to its operating account all charges which in the normal conduct of business are regarded as proper to be charged to operating account as provided in subsection (1), the Authority may make provision in each financial year for- (a) making contributions to an insurance fund established by the Authority to meet, in whole or in part, liabilities of the Authority; and

(b) making payments to any pension or provident fund to meet, in whole or in part, superannuation liabilities of the Authority. 28 Establishment and operation of general reserve

(1) The Authority shall establish a general reserve to which, subject to this Part, may be appropriated from a surplus of income over expenditure at the end of its financial year such sums as the Minister may approve.

(2) Subject to this Part, uncommitted moneys in the general reserve established in terms of subsection (1)-

(a) shall be used for meeting any deficiency in accordance with subsection (1) of section thirty; and

(b) may be used, with the approval of the Minister, for such other purposes as the Board may consider expedient for the proper exercise by the Authority of its functions, including the development of its assets.

(3) The Board shall comply with any directions that the Minister may give in relation to the management of the general reserve established in terms of subsection (1).

(4) Without the approval of the Minister, moneys in the general reserve established in terms of subsection (1) shall not be reduced below such an amount as the Minister may fix, except for the purpose of meeting a deficiency as is provided in subsection (1) of section thirty.

29 Capital development fund

(1) The Authority shall establish a capital development fund, the moneys of which shall be applied, subject to this section, solely in making repayable advances for the purposes of-

(a) financing capital expenditure of the Authority; and

(b) creating and replacing capital assets; and

(c) meeting any other liabilities that in terms of this Act are to be met from the capital development fund.

(2) The Authority shall pay into the capital development fund- (a) such sums as the Board may fix in each year; and

(b) repayments, together with interest accruing thereon, of advances from the capital development fund; and

(c) any other amounts that in terms of this Act are to be paid into the capital development fund.

(3) Moneys advanced from the capital development fund shall be repaid into the fund over such period, fixed by reference to the estimated life of the asset concerned, and subject to such rate of interest and other conditions, as the Board may determine:

Provided that-

(i) the period of repayment shall in no case be more than thirty years; (ii) the rate of interest shall in no case be less than four per centum per annum.

(4) Subject to section twenty-six, the Board shall invest any moneys in the capital development fund that are not immediately required for advances in terms of this section.

30 Meeting of deficiencies

(1) If in any financial year the income of the Authority is insufficient to enable the Authority to meet the charges and to make the provisions required by section twentyseven, the deficiency shall, unless the Minister otherwise directs, be met from uncommitted moneys in the general reserve established in terms of section twentyeight.

(2) If the uncommitted moneys in the general reserve are insufficient for the purpose of meeting a deficiency referred to in subsection (1)-

(a) the Authority may, by means of loans and borrowings in terms of this Act; or

(b) the Minister may, out of moneys appropriated for the purpose by Parliament;

meet the whole or any portion of the deficiency outstanding after the application of the moneys in the general reserve to that purpose, either at the end of the financial year or at such time thereafter as it or he, as the case may be, considers expedient.

31 Financial year of Authority

The financial year of the Authority shall be the period of twelve months ending on the 30th June in each year or on such other date as may be prescribed in regulations made in terms of section sixty-one.

32 Accounts and Audit

(1) The Authority shall keep proper accounts and other records in relation thereto and shall prepare in respect of each financial year a statement of accounts in such form as the Minister may direct, being a form conforms to the best commercial standards.

(2) The accounts of the Authority shall be audited by auditors who shall be registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12] and appointed annually by the Authority with the approval of the Minister.

(3) Every auditor appointed for the purposes of this section shall have a right of access at all times to the books, accounts and vouchers of the Authority and shall be entitled to require from members and officers of the Authority such information and explanations as may be necessary for the performance of his duties.

(4) The auditors appointed for the purposes of this section shall make a report to the Authority on the accounts examined by them and on the statement of accounts prepared for the financial year for which they are appointed, and the report shall include a statement showing-

(a) whether or not they have obtained all the information and explanations they have required; and

(b) whether, in their opinion, such statement of accounts is properly drawn up so as to exhibit a true and fair view of the state of affairs of the Authority according to the best of their information and the explanations given to them and as shown by the books of the Authority.

(5) As soon as the accounts of the Authority have been audited, the Authority shall send the statement of its accounts required in terms of subsection (1) to the Minister, together with a copy of any report made on that statement by the auditors concerned.

PART V

GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY OF

ELECTRICITY

33 Persons who may operate undertakings other than private undertakings

(1) Subject to this Act, no person other than- (a) the Zambezi River Authority; or

(b) the Authority; or

(c) a private undertaker who-

(i) has obtained the consent of the Authority and the Minister in terms of section thirty-four; or

(ii) being a member of or associated with a group of associated companies, transmits, distributes or supplies electricity to that group of companies; or (d) a local authority which or other person who has entered into a contract with the Authority in terms of section thirty-five;

shall establish, maintain or operate any undertaking, the plant of which has a rated generating capacity at the site where it is installed of one hundred kilowatts or more, from which he transmits, distributes or supplies electricity to any other person.

34 Agreements to supply from private undertakings

(1) A private undertaker who obtains the prior consent of the Authority and the Minister may transmit, distribute or supply electricity to any other person, in accordance with an agreement of supply between the private undertaker and that other person.

(2) Every application for consent in terms of subsection (1) shall be submitted to the Authority in the manner prescribed in regulations and shall contain details in regard to systems of supply, type of current, frequency and pressures, maximum and minimum amounts of electricity to be supplied under the proposed agreement, rates of payment, provision for the termination of the agreement and any other information required by the Authority.

(3) If the Authority consents to any application submitted to it in terms of subsection (2), it shall transmit the application, together with a report thereon, to the Minister for his consideration.

(4) Before giving his decision on any application transmitted to him in terms of subsection (3), the Minister may require the Authority to obtain from the applicant such further information regarding the application as the Minister may require.

(5) In granting consent for the purposes of this section the Minister and, with the approval of the Minister, the Authority, may impose such conditions as he or it, as the case may be, thinks fit, whether as to the price at which or the manner in which the private undertaker may transmit, distribute or supply electricity or otherwise.

(6) If at any time it appears to the Authority that a private undertaker has failed to comply with any condition imposed in terms of subsection (5), the Authority, after affording the private undertaker a reasonable opportunity of being heard, may, with the approval of the Minister, cancel its consent by written notice addressed to the private undertaker.

(7) The cancellation of the Authority's consent in terms of subsection (6) shall not indemnify the private undertaker against any penalty to which he may have become liable in terms of this Act nor preclude any consumer from recovering any damages from the private undertaker in respect of loss sustained as a result of any default on the part of the private undertaker in the performance of his obligations under any agreement or in terms of any law.

35 Contracts with Authority for operation of undertakings

(1) In this section-

"contractor" means a local authority which or other person who has entered into a contract with the Authority in terms of subsection (2) for the operation of an undertaking.

(2) Subject to this section, with the approval of the Minister, the Authority may enter into a contract with a local authority or other person for the operation of an undertaking, or for carrying out any activity incidental thereto, by the local authority or person within the area specified in the contract.

(3) Sections thirty-seven and thirty-eight and regulations made in terms of section sixty-one shall apply, mutatis mutandis, to a contractor as they do to the Authority.

(4) The Authority may make by-laws in terms of section twenty-three regulating the generation, transmission, distribution and supply of electricity by any contractor.

(5) The provisions of this Act referred to in subsections (3) and (4) shall prevail, to the extent of any inconsistency, over any by-laws made in respect of the generation, transmission, distribution or supply of electricity by a contractor that is a local authority.

(6) The prices at which a contractor may supply electricity to a consumer shall be determined in accordance with the contract concerned:

Provided that-

(i) such prices and any variations thereof shall be approved by the Minister;

(ii) every contract shall make provision for an increase in prices in the event of a development levy being imposed in terms of section forty-one.

(7) If at any time it appears to the Minister that a contractor has failed to comply with his contract or with any provision of this Act applicable to him, the Minister, after affording the Authority and the contractor a reasonable opportunity of being heard, may cancel the contract by notice in writing addressed to the Authority and the contractor.

(8) The cancellation of a contract in terms of subsection (7) shall not indemnify the contractor against any penalty to which he may have become liable in terms of this Act nor preclude any consumer from recovering any damages from the contractor in respect of loss sustained by reason of any default on the part of the contractor in the performance of his obligations under the contract or any other agreement or in terms of this Act.

36 Submission of information by certain private undertakings

(1) A person operating a private undertaking the plant of which has a rated generating capacity at the site where it is installed of one hundred kilowatts or more shall submit to the Minister details of the plant and installation of that undertaking in such manner as may be prescribed in regulations, and any such undertaking shall, unless exempted by the Minister, be erected and maintained in accordance with any regulations and shall comply with any requirements of the Minister for the purpose of facilitating coordination with existing or future undertakings.

(2) In addition to his powers in terms of subsection (1), the Minister may, for purposes associated with the administration of this Act, require any undertaker to provide him with information relating to the activities and operations of his undertaking, including such books of account, records, documents and agreements relating to the purchase and sale of electricity as he may reasonably require for those purposes, and may in regulations prescribe arrangements for the periodical supply of such information by undertakers.

37 Alteration or extension of certain undertakings

(1) Subject to subsection (5), neither the Authority nor a private undertaker that has been permitted to supply electricity to another person in terms of section thirty-four shall-

(a) increase or decrease the rated generating capacity of its or his plant; or

(b) erect a new generating station; or

(c) in the case of the Authority, alter its contractual rights to purchase power from outside Zimbabwe; without the approval of the Minister.

(2) An application for the approval of the Minister in terms of this section shall be accompanied by a full report on the applicant's proposal.

(3) Before considering any application for his approval in terms of this section, the Minister shall consult the Zambezi River Authority on the applicant's proposal.

(4) After consulting the Zambezi River Authority on any proposal in terms of subsection (3), the Minister may-

(a) grant the application concerned, either absolutely or subject to such variations and conditions as he may specify; or

(b) refuse the application concerned:

Provided that, in granting or refusing an application, the Minister shall pay due regard to-

(a) any representations in the matter made by the Zambezi River Authority; and

(b) the agreement between the Government of Zimbabwe and the Government of Zambia set out in the Schedule to the Zambezi River Authority Act [Chapter 20:23].

(5) The Minister may in regulations prescribe private undertakings or classes thereof to which this section shall not apply.

38 Duties of Authority as to supply of electricity

(1) In subsection (5)-

"contract of supply" includes an agreement between the Authority and a consumer for the supply of electricity in accordance with any by-laws of the Authority.

(2) Subject to this Act and to the limit of electricity which it can supply, the Authority shall supply electricity to every person who applies therefor and who is in a position to make satisfactory arrangements for payment.

(3) If the Authority refuses to supply an applicant with electricity or delays unduly in supplying him, the applicant may appeal to the Minister, who shall determine whether and under what terms and conditions the Authority shall supply the applicant with electricity.

(4) No person shall be entitled to a stand-by supply of electricity in respect of any premises that has a separate supply thereto, unless he has agreed to pay and has given security to pay such minimum annual sums as will give to the Authority a reasonable return on the capital expenditure it has incurred in order to meet the possible maximum demand from those premises and as will cover other standing charges.

(5) Subject to this Act, except for causes beyond the control of the Authority or in circumstances authorized in regulations, the Authority shall not lessen or discontinue the supply of electricity stipulated in any contract of supply unless-

(a) the consumer has failed to pay any fees or charges due in terms of the contract of supply or in terms of by-laws of the Authority; or

(b) the consumer has failed to comply with the contract of supply or with any by-laws of the Authority or with regulations and has failed to remedy his default within seven days of receiving by registered post from the Authority a notice calling upon him to do so.

39 Lessening or discontinuation of supply

(1) If at any time the Minister is satisfied that, for causes beyond the control of an authorized undertaker, the authorized undertaker is or will be unable for a period exceeding seven days to supply electricity to all the consumers to whom he or it is obliged to supply electricity, the Minister may permit the authorized undertaker, by notice in writing and subject to such conditions as the Minister may from time to time fix, to lessen or discontinue the supply of electricity to any consumer or class of consumer in accordance with such plan or scheme as the authorized undertaker considers to be equitable in the circumstances.

(2) Where an authorized undertaker has been compelled by circumstances beyond his or its control to lessen or discontinue the supply of electricity to any consumer or class of consumers before obtaining the permission of the Minister in terms of subsection (1), the authorized undertaker shall apply for such permission as soon as possible, and in any event not later than seven days after the supply has been lessened or discontinued, and the Minister may ratify the previous lessening or discontinuation of supply and grant permission for a further lessening or discontinuation in accordance with subsection (1).

(3) An authorized undertaker shall not be liable in respect of any loss sustained by any consumer as a result of or arising out of any lessening or discontinuation of supply permitted or ratified in terms of this section.

40 Prices for supply of electricity by Authority

(1) From time to time the Minister may approve a schedule of standard prices chargeable by the Authority for the supply of electricity to various classes of consumers.

(2) Subject to this section, the prices at which the Authority may supply electricity to consumers shall be the prices specified in the current schedule of standard prices approved in terms of subsection (1).

(3) Subject to this section, the Authority, after paying due regard to any one or more of the following circumstances-

(a) the amount of electricity consumed;

(b) the uniformity or regularity of the demand for electricity; (c) the time when or during which electricity is required;

(d) the expenditure of the Authority in furnishing the supply;

(e) the need to phase in new prices or tariffs;

( f ) any other circumstances approved by the Minister;

from time to time may vary the price or prices for the supply of electricity to a particular consumer above or below the prices specified in the current schedule of standard prices approved in terms of subsection (1).

(4) If the Authority considers it expedient to vary prices as provided in subsection (3), the Authority shall give notice of the proposal to the consumer concerned.

(5) A consumer who objects to a proposal set out in a notice given to him in terms of subsection (4) may apply to the Minister in the form and manner prescribed in regulations for a review of the proposal, and the Minister, after affording the Authority a reasonable opportunity to make representations and considering any representations made to him by the Authority and the consumer, may- (a) confirm the proposed variation of prices; or

(b) order that the proposed variation of prices shall not he made; or (c) order the Authority to make such other variation as the Minister thinks appropriate.

(6) If a consumer does not make an application for review in terms of subsection (5) within thirty days after notice has been given to him in terms of subsection (4), the variation shall, unless the Authority and the consumer agree otherwise, come into effect thirty days after the date the notice was given or after such longer period as the Authority may in that notice fix.

(7) The Authority shall keep at all its offices a copy of the current schedule of standard prices approved in terms of subsection (1), and shall make the copy available for inspection, free of charge, by members of the public during the office hours of the Authority.

41 Imposition of development levy

(1) Where the Minister considers it expedient to do so for the purpose of raising funds for the provision by the Authority of new or additional facilities approved by the Minister for the generation or transmission of electricity, he may by order in writing impose on any authorized undertaker a development levy recoverable from consumers by means of price increases.

(2) A levy imposed in terms of subsection (1) shall be collected and the proceeds thereof paid to the Authority in accordance with such directions as may be given by the Minister in the order made in terms of that subsection.

(3) The Minister may at any time by order in writing amend or revoke any order made in terms of subsection (1).

(4) In addition to the funds it is required to establish in terms of sections twenty-eight and twenty-nine, the Authority shall create a special capital reserve fund for the receipt of the proceeds of any levy imposed in terms of this section and shall use such fund in accordance with the directions of the Minister for the provision of facilities approved by the Minister.

(5) Any authorized undertaker to whom an order made in terms of subsection (1) applies shall comply with such order.

(6) The Minister shall give notice by statutory instrument of any levy imposed in terms of subsection (1) and any amendment or revocation thereof in terms of subsection (3).

PART VI

ACQUISITION OF LAND AND RIGHTS OVER LAND

42 Interpretation in Part VI

In this Part-

"land" includes any land and any right or interest in or over land or water.

43 Acquisition of land for electricity purposes

(1) Subject to subsections (4) and (6), the President may by order authorize the acquisition by compulsion in his name of so much land as he may consider necessary for any purpose associated with the generation, transmission, distribution or supply of electricity by any authorized undertaker, and any acquisition in terms of this section shall be completed in accordance with such directions as the President may give in that or any other order.

(2) Before making an order in terms of subsection (1), the President shall be satisfied that-

(a) the authorized undertaker concerned has taken all reasonable steps to acquire the land concerned on reasonable terms by agreement with the owner and has been unable to do so; and

(b) the acquisition of the land concerned is necessary for the purposes of the undertaking carried on by the authorized undertaker concerned, being purposes beneficial to the public generally or to any section thereof.

(3) Applications for orders under this section shall be made in the manner prescribed in regulations, and a copy of each application shall be served on the owner of the land and on any person lawfully occupying it if such owner or person is, at the time of application, resident within Zimbabwe.

(4) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10], shall apply, mutatis mutandis, to the acquisition of land in terms of subsection (1).

(5) After acquiring any land in terms of subsection (1), the President shall permit the authorized undertaker concerned to use the land, subject to such conditions as the President may impose:

Provided that-

(i) the land shall not be used by that authorized undertaker for any purpose other than the purpose for which it was acquired in terms of subsection (1); and

(ii) the land, or such part of it as the President may determine, shall revert to the use and absolute control of the President if it or any part of it is used for any purpose other than the purpose for which it was acquired in terms of subsection (1). (6) Nothing in this section shall be construed as authorizing the acquisition of any Communal Land or any right over or interest in Communal Land otherwise than in accordance with the Communal Land Act [Chapter 20:04].

44 Wayleaves over land

(1) Subject to this section, an authorized undertaker may place any transmission line or water-pipeline, whether above or below ground, into, out of or across any land, including State land.

(2) Nothing contained in subsection (1) shall authorize or empower an authorized undertaker to place-

(a) any transmission line, other than an overhead line and any support, stay or strut required for the sole purpose of supporting an overhead line; or

(b) any water-pipeline;

on, into, through or against any occupied building or on any land closer than thirty metres to any occupied building situated on the land, except with the consent of the owner or lawful occupier of such building or land.

(3) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10], shall apply, mutatis mutandis, to the exercise of any rights in terms of this section.

(4) If the owner of or person lawfully occupying any land on or over which any transmission line or water-pipeline has been placed, or, in the case of a street, the local or other authority concerned, requires the position of such line to be changed, the Minister, by notice in writing, may order the authorized undertaker to alter the position of such line, subject to such conditions as may be specified by the Minister in the event of the parties failing to reach agreement thereon.

(5) Before making any decision in terms of this section, the Minister shall give to all parties concerned an opportunity of making representations in person or in writing.

(6) Nothing in this section shall authorize the placing of any transmission line or water-pipeline into, out of or across any Communal Land otherwise than in accordance with the Communal Land Act [Chapter 20:04].

45 Rights acquired over land to bind successors in title

Where any rights over land have been acquired by an authorized undertaker for any purpose associated with the generation, transmission distribution or supply of electricity, whether by agreement or in terms of section forty-three or forty-four, then, notwithstanding the fact that those rights may not have been registered against the title to the land to which they relate in a Deeds Registry, those rights shall be binding on the owner of such land and on his successors in title. 46 Authorized undertakers' power of entry and inspection

(1) An authorized undertaker that has been permitted to use any land or has placed a transmission line or water-pipeline in, on or over any land, whether in terms of this Act or otherwise, shall be entitled to reasonable access to such land, transmission line or water-pipeline for the purpose of carrying on his operations on the land or of maintaining, removing, replacing or repairing the transmission line or water-pipeline.

(2) Subject to this section, an authorized undertaker shall be entitled, by himself or through his employees or agents or any person authorized in writing by him, at all reasonable times to enter any premises to which electricity is being or has been supplied-

(a) for the purpose of inspecting, testing, repairing, renewing, maintaining or cleaning any transmission line, fitting, meter or apparatus which is the property of the authorized undertaker and which is on or in the premises; or

(b) for the purpose of ascertaining the quantity of electricity consumed on or in the premises; or

(c) if a supply of electricity is no longer required or the authorized undertaker is permitted to cut off the supply from the premises, for the purposes of removing therefrom any transmission line, fitting, meter or apparatus which is the property of the authorized undertaker.

(3) Before exercising any power in terms of subsection (2) an authorized undertaker shall, if it is practicable to do so, give reasonable notice of the intention to enter the premises:

Provided that, in the case of work that is required to be executed urgently or the reading of meters or the routine inspection of installations or equipment, an authorized undertaker need not give such notice.

(4) For the purpose of this section, employees of a local authority within whose area an authorized undertaker supplies electricity shall be deemed to be the agents of the authorized undertaker.

47 Trees and buildings interfering with transmission lines or water-pipelines

(1) Where on any land, including State land, trees or undergrowth obstruct or interfere with or are likely to obstruct or interfere with, or constitute or are likely to constitute a danger to the construction, working or maintenance of any transmission line or water-pipeline that is the property of an authorized undertaker, the authorized undertaker concerned may give to the owner or lawful occupier of the land upon which such trees or undergrowth are situated not less than fourteen days' notice of his intention to enter upon the land and cut down or trim the trees or undergrowth in question and, after the expiry of such notice, may enter upon the land and carry out such intention.

(2) After receiving notice in terms of subsection (1), the owner or lawful occupier upon whom it was served may, if he so chooses, at his own expense and at any time before the expiry of the notice, cut down or trim the trees or undergrowth in question to the extent indicated by the authorized undertaker.

(3) Notwithstanding subsection (1), if immediate action is imperative to protect any transmission line or water-pipeline from damage by any trees or undergrowth on any land, including State land, the authorized undertaker concerned may, without any notice to the owner or lawful occupier, enter upon the land and cause the trees or undergrowth to be cut down or trimmed in such manner as may be necessary to prevent the damage.

(4) If any person-

(a) erects a building or structure in such a position or in such a manner that it interferes or is likely to interfere with the supply of electricity through any transmission line or the passage of water through any water-pipeline or constitutes or is likely to constitute a danger to any transmission line or water-pipeline; and (b) fails to comply with a request by the authorized undertaker that controls the transmission line or water-pipeline to remove or adjust the building or structure as may be necessary;

the authorized undertaker may apply to the Minister for an order for the removal or adjustment of the building or structure.

(5) Upon an application being made to him in terms of subsection (4), the Minister may make such inquiry into the matter as he considers necessary and, after affording both parties an opportunity to make representations, may make such order as he thinks fit.

(6) Any person to whom an order in terms of subsection (5) is directed shall forthwith take all necessary steps to comply with the order.

48 Breaking up of streets

(1) Subject to this section, an authorized undertaker that has acquired the right to place a transmission line or water-pipeline may enter and break up the street for the purpose of placing the transmission line or water-pipeline, or from time to time repairing, altering or removing the transmission line or water-pipeline.

(2) Before exercising any power conferred by subsection (1), an authorized undertaker shall give to-

(a) the local or other authority concerned; and

(b) the owner of any water-pipes, telephone cables or other installations likely to be affected by his exercise of the power;

such written notice of his intention to do so, not exceeding twenty-eight days, as the authority or owner may require, except in cases of emergency, when the authorized undertaker shall give such notice as soon as possible after the emergency has arisen.

(3) Except in cases of emergency, the powers conferred by subsection (1) shall only be exercised under the superintendence of the local or other authority concerned and according to such specification and such plan showing the route as may be approved by that authority or, if any difference arises respecting the specification, plan or route, then as may be approved by the Minister:

Provided that, if the local or other authority fails to exercise the powers of superintendence conferred by this subsection, the authorized undertaker may exercise his powers without superintendence.

(4) Whenever an authorized undertaker carries out any work authorized by subsection (1), he shall-

(a) comply with any by-laws or regulations of the local or other authority concerned which apply in respect of the street concerned; and (b) complete the work with reasonable dispatch; and

(c) while the street is opened or broken up, cause the works at all times to be fenced and guarded and to be lighted during the night; and

(d) if required to do so by the local or other authority concerned, reinstate and make good the street opened or broken up and remove the rubbish occasioned by the works.

(5) If an authorized undertaker fails to carry out any duty imposed upon him by subsection (4), the local or other authority concerned may cause to be executed at the expense of the authorized undertaker any work delayed or omitted.

(6) An authorized undertaker shall pay to the local or other authority concerned the costs reasonably and necessarily incurred by it in exercising any necessary superintendence under this section or in reinstating and making good any street opened or broken up by the authorized undertaker.

49 Compensation for damage caused in exercise of powers

(1) In the exercise of powers in relation to the execution of works given in terms of this Act, an authorized undertaker shall cause as little detriment and inconvenience and do as little damage as possible and shall make full compensation to all local and other authorities and other persons who have sustained damage for all damage sustained by them by reason or in consequence of the exercise of such powers.

(2) In default of agreement between the parties, the amount and application of any compensation due in terms of subsection (1) shall be determined by arbitration in terms of the Arbitration Act [Chapter 7:02].

PART VII

OFFENCES AND PENALTIES

50 Offences in relation to electric current and apparatus

(1) Any person who, without lawful excuse, the proof whereof shall lie on him-

(a) abstracts or diverts any electric current or causes any electric current to be abstracted or diverted; or

(b) uses any electric current, knowing it to have been unlawfully abstracted or diverted; or

(c) with intent to cut off any supply of electricity, cuts, damages, destroys or interferes with any apparatus for generating, transmitting, distributing or supplying electricity; or

(d) intentionally extinguishes, damages or destroys any electric lamp or other electric apparatus provided for the convenience or safety of the public; shall be guilty of an offence and liable to a fine not exceeding level nine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(2) If, in any prosecution for an offence in terms of paragraph (a) or (b) of subsection (1), it is proved that any electric current has been abstracted or diverted, it shall be presumed, unless the contrary is shown, that-

(a) the owner of any premises within which the electric current was abstracted or to which the electric current was diverted or, if the owner does not occupy the premises, any occupier thereof, abstracted or, as the case may be, diverted the electric current; and

(b) every person who used the electric current knew that it had been unlawfully abstracted or diverted, as the case may be.

(3) If, in any prosecution for an offence in terms of paragraph (c) of subsection (1), it is proved that any person cut, damaged, destroyed or interfered with any apparatus for generating, transmitting, distributing or supplying electricity, it shall be presumed, unless the contrary is shown, that he did so with intent to cut off a supply of electricity.

51 False statements

Any person who, when-

(a) making any application or claim; or

(b) giving any information; or

(c) giving any notice;

for the purposes of this Act, makes any statement knowing it to be false in a material particular or not reasonably believing it to be true, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

52 Offences by undertakers

(1) Any person who establishes, erects, maintains or operates any undertaking in contravention of any of the provisions of this Act shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [amended by Act 22 of 2001, with effect from the 10th September, 2002]

(2) Any undertaker who-

(a) fails to comply with any order or direction given to him in terms of this Act; or

(b) fails to supply any information he is required to supply in terms of this Act; or

(c) prevents or obstructs any inspection of his undertaking in terms of section fifty-six; or

(d) fails to send a notice of an accident in terms of section sixty as soon as possible after the occurrence of the accident has become known to him; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

53 Offences in relation to inquiries

(1) An undertaker into whose affairs or concerns an inquiry is being held in terms of section fifty-nine, or any employee or agent of such an undertaker, who-

(a) refuses or fails to answer to the best of his ability any lawful question put to him by, or wilfully makes any false statement to, an investigator in the exercise of his functions in terms of that section; or

(b) refuses or fails to comply to the best of his ability with any lawful requirement made by an investigator in the exercise of his functions in terms of that section;

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(2) Any person who-

(a) threatens, resists, hinders or obstructs, or uses foul, abusive or insulting language towards or at, an investigator or any other person appointed in terms of section fifty-nine while the investigator or other person is exercising his functions in terms of that section; or

(b) falsely holds himself out to be an investigator or other person appointed in terms of section fifty-nine; or

(c) without lawful excuse, having been summoned in terms of subsection

(4) of section fifty-nine-

(i) refuses or fails to attend in obedience to such summons; or

(ii) having attended in obedience to such summons, refuses to be examined upon oath or to take the oath; or

(iii) having taken the oath, refuses to answer any questions lawfully put to him; or

(iv) refuses or fails to produce any books or papers he has been required to produce;

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(3) Any person who, having taken an oath administered in terms of subsection (4) of section fifty-nine, makes any false statement knowing it to be false or not reasonably believing it to be true, shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(4) A conviction for an offence in terms of this section shall not exempt the person convicted from liability to do or perform the act or thing required to be done or performed by him.

54 Obstruction of undertakers and their employees and agents

Any person who, without lawful excuse, prevents or obstructs any authorized undertaker or employee or agent of an authorized undertaker from exercising any right conferred by or in terms of this Act on the authorized undertaker, employee or agent to-

(a) enter any land or premises; or

(b) carry out any inspection or work on or in any land or premises; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

55 . . . . .

[repealed by Act 22 of 2001, with effect from the 20th May, 2002]

PART VIII

GENERAL

56 Inspection of undertakings

The Minister and any person authorized in writing by him may at all reasonable times enter any premises of any undertaking for the purpose of ascertaining whether provisions of this Act are being complied with or for the purpose of any inspection that is incidental to the carrying out of the duties of the Zambezi River Authority or the Authority.

57 Procedure in case of non-compliance with Act by Authority, general manager or member of Board

If at any time it appears to the Minister that the Authority, the general manager or any member has failed to comply with any of the requirements of this Act he may, by notice in writing, require the Authority, the general manager or that member, as the case may be, to make good the default within a specified time.

58 Advisory committees

(1) The Minister may establish one or more committees to advise him generally, or with regard to specific matters, in relation to the generation, transmission, distribution or supply of electricity or the exercise of any of his powers in terms of this Act.

(2) Subject to any regulations made in terms of section sixty-one, the procedure of any committee established in terms of subsection (1) shall be as fixed from time to time by the Minister.

(3) Members of any committee established in terms of subsection (1)- (a) shall hold office at the pleasure of the Minister; and

(b) may be paid out of moneys appropriated for the purpose by Act of Parliament such remuneration and allowances as the Minister, with the approval of the Minister responsible for finance, may fix from time to time in respect of such members generally.

59 Inquiries

(1) The Minister may appoint one or more persons as investigators, together with such staff, assistants and ad-visers as he may consider necessary, to inquire into any matter whatsoever arising under the provisions of this Act.

(2) Subject to this section, the procedure at any inquiry in terms of this section shall be as prescribed in regulations made in terms of section sixty-one or as fixed by the Minister.

(3) An undertaker into whose affairs or concerns an inquiry is being held in terms of this section, and every employee or agent of such undertaker, shall, when requested to do so, submit to an investigator all information in his possession and produce to the investigator and give him access to all books, documents, records, accounts and other sources of information of such undertaker.

(4) For the purposes of an inquiry in terms of this section an investigator may, if the Minister so directs-

(a) hear and receive evidence upon oath, which oath he is hereby empowered to administer; and

(b) by summons under his hand, require such persons as he may think fit to appear personally before him at a time and place to be stated in the summons and to produce all such books and papers as may be necessary for the inquiry.

(5) If it is intended that an investigator shall take evidence from members of the public, the Minister shall cause notice of the time and place at which evidence will be heard to be given in two issues of a newspaper circulating in the area concerned and in such other manner as the Minister may direct.

(6) A statement given by any person to an investigator acting in terms of this section shall not be admissible in evidence in any court of law, except with the consent of all persons affected thereby or for the purposes of a prosecution in terms of section fiftythree.

(7) The costs of an inquiry in terms of this section-

(a) if the Minister so directs, shall be recovered from the undertaker into whose affairs or concerns an inquiry is being held or, if there are two or more such undertakers, from such undertakers in such proportions as the Minister may determine; or

(b) if the inquiry is not being held into the affairs or concerns of any undertaker, shall be paid out of funds appropriated for the purpose by Parliament. (8) The investigator and his assistants and advisers shall be paid such fees as the Minister may fix with the approval of the Minister responsible for finance, and any such fees shall be included in the costs of the inquiry referred to in subsection (7):

Provided that an undertaker whose affairs or concerns are the subject of an inquiry or any employee or agent of such an undertaker shall not be paid any fees if they are appointed to advise and assist the investigator.

60 Notice of accidents

(1) Every undertaker shall send to the Minister notice of any accident of such kind as to have caused, or to have been likely to have caused, loss of life or serious personal injury which has occurred in any part of the undertaker's works or transmission lines together with notice of any loss of life or serious personal injury occasioned by any such accident.

(2) Nothing contained in subsection (1) shall absolve an undertaker from the need to comply with any other enactment relating to the reporting of accidents.

61 Regulations

(1) The Minister may make regulations prescribing anything which in terms of this Act is to be prescribed in regulations or which, in his opinion, is necessary or convenient to be so prescribed for the better carrying out of or giving effect to this Act.

(2) Regulations made in terms of subsection (1) may provide for the following matters-

(a) the standards with which buildings, machinery, transmission lines and other works of whatever description, which are required to generate, transmit, distribute or supply electricity, must comply;

(b) the construction, installation, quality, alteration, operation, control, protection, inspection and testing of works, plant, machinery, apparatus, appliances and equipment for or incidental to the generation, transmission, distribution, connection, installation and use of electricity, whether on the premises of an undertaker or a consumer;

(c) securing the safety of the public from personal injury or damage to property arising from the generation, transmission, distribution, supply or use of electricity;

(d) inquiries into accidents which are notifiable in terms of section sixty.

(3) Regulations may provide penalties for contraventions thereof, but no such penalty shall exceed a fine of level five or imprisonment for a period of six months or both such fine and such imprisonment.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

PART IX

REPEALS, AMENDMENTS, TRANSITIONAL PROVISIONS AND SAVINGS

62 Interpretation in Part IX

In this Part-

"assets" includes rights of any description;

"condition of employment", in relation to any employee, means any term or condition of his employment relating to-

(a) his duties; or

(b) his salary, wages or bonus; or

(c) leave or sick-leave; or

(d) medical aid; or

(e) any allowance or material benefit payable or granted to him by his employer;

but does not include any such terms or condition to the extent that it relates to the status of the employee or to any pension benefit or provident fund benefit payable in respect of his employment;

"Electricity Supply Commission" means the Electricity Supply Commission established in terms of the repealed Act;

"fully-engaged undertaking employee" means an employee of a local authority who is engaged wholly in the operation of a local authority undertaking;

"local authority undertaking" means an undertaking operated by a local authority in terms of the repealed Act or in terms of section seventy-one;

"partly-engaged undertaking employee" means an employee of a local authority who is or has been engaged partly in the operation of a local authority undertaking and partly in other duties;

"pension benefit" means any pension, commutation of pension, gratuity or other like allowance or refund of pension contributions, including any interest payable thereon, for any person in respect of his service with the Electricity Supply Commission or in a local authority undertaking, or for his spouse, child, dependant or personal representative;

"repealed Act" means the Electricity Act [Chapter 282 of 1974];

"transferred asset or liability" means an asset or liability that is transferred to the Authority in accordance with a contract or arrangement in terms of subsection (1) of section sixty-nine.

63 Transfer of assets, liabilities and staff of Electricity Supply Commission

(1) All the assets that, immediately before the fixed date, were assets of the Electricity Supply Commission and all the liabilities that had been incurred by the Electricity Supply Commission and immediately before the fixed date subsisted in the Electricity Supply Commission shall, on the fixed date, pass by succession to the Authority, which shall have all powers, duties and obligations in relation to such assets and liabilities that are conferred by this Act in relation to its assets and liabilities.

(2) All bonds, hypothecations, title deeds, documents, charges, agreements, contracts, notes, instruments and working arrangements, including contracts with consumers, that subsisted immediately before the fixed date and to which the Electricity Supply Commission was a party shall, on and after that date, be as fully effective against or in favour of the Authority and as fully enforceable as if, instead of the Electricity Supply Commission, the Authority had been named therein or had been a party thereto.

(3) It shall not be necessary for the Registrar of Deeds to make any endorsement on title deeds or other documents or in his registers in respect of any immovable property or any right or obligation under a mortgage, hypothecation, pledge, bond, note or charge vested in or imposed upon the Authority in terms of this section, but the Registrar of Deeds, when so requested in writing by the Authority in relation to any particular such immovable property, mortgage, hypothecation, pledge, bond, note or charge, shall cause, free of charge, the name of the Authority to be substituted for that of the Electricity Supply Commission on the appropriate title deed or other document or in the appropriate register.

(4) Any proceeding or cause of action pending or existing immediately before the fixed date by or against the Electricity Supply Commission may, on and after the fixed date, be continued or enforced by or against the Authority as it might have been by or against the Electricity Supply Commission had this Act not been passed.

(5) Any guarantee or suretyship which was given or made by the Government or any other person in respect of any debt or obligation of the Electricity Supply Commission and which was effective immediately before the fixed date shall, on and after the fixed date, remain fully effective against the guarantor or surety in relation to the repayment of the debt or performance of the obligation, as the case may be, by the Authority.

(6) Subject to this section, every person who, immediately before the fixed date, was in the employment of the Electricity Supply Commission and whose employment was not terminated with effect from the fixed date, is hereby transferred, on such conditions of employment as the Board may fix, to such post in the employment of the Authority as is specified for him or for employees of his grade or class in an organization chart which shall be prepared by the Board before the date of commencement of this Act.

(7) Subject to this section, at any time between the date on which the President assents to this Act and the fixed date, the Board may, with the consent of the Electricity Supply Commission, transfer any employee of the Electricity Supply Commission to the employment of the Authority, on such conditions of employment as the Board may fix.

(8) If any person transferred to the employment of the Supply Authority in terms of subsection (6) or (7) was, immediately before his transfer, serving a period of notice of discharge, resignation or retirement, which period expires after his transfer, the notice of discharge, resignation or retirement shall be treated as if it had been given by or to the Authority, as the case may be.

(9) The conditions of employment, taken as a whole, on which any person is transferred to the employment of the Authority in terms of this section shall be no less favourable than the conditions of employment, taken as a whole, that were applicable to him immediately before his transfer, and for the purpose of determining his rights thereunder his employment with the Electricity Supply Commission shall be regarded as continuous employment with the Authority.

(10) Notwithstanding the provisions of any other enactment, any pension fund or provident fund that was being administered by the Electricity Supply Commission immediately before the fixed date shall, on and after the fixed date, be administered by the Authority in all aspects as if the Authority were the Electricity Supply Commission until there are no longer any members or persons entitled to benefits from the fund, whereupon the remaining assets of the fund shall, in accordance with the Pension and Provident Funds Act [Chapter 24:09] be transferred to such other pension fund or provident fund established by the Authority as the Board may determine:

Provided that, if at any time the Board is of the opinion that there are or soon will be insufficient members to ensure the continued viability of the fund, the Board, after notifying all members and persons receiving benefits from the fund and after taking account of any representations they may make in the matter, may transfer the remaining assets of the fund, together with its liabilities towards beneficiaries and potential beneficiaries, to such other pension fund or provident fund established by the Authority as the Board may determine.

(11) Any person who is transferred to the employment of the Authority in terms of this section and who, immediately before his transfer, was a member of a pension fund or provident fund administered by the Electricity Supply Commission shall remain a member, subject to the rules of the fund:

Provided that such a person shall be entitled, at any time while he is in the employment of the Authority, to become a member of a pension fund or provident fund established by the Authority and, if he does so, he shall thereupon cease to be a member of the first-mentioned pension fund or provident fund unless the Authority permits him to remain a member of such first-mentioned pension fund or provident fund.

64 Transfer of assets, liabilities and staff of local authority undertakings

(1) Subject to this section, the Authority shall make arrangements with every local authority that operates an undertaking in terms of section sixty-six, providing for- (a) the transfer to the Authority, on or as soon as possible after the fixed date and on mutually acceptable conditions, of all or any of the assets and liabilities of the local undertaking; and

(b) any other matter relating to the assumption by the Authority of responsibility for the generation, transmission, distribution or supply of electricity within the area of the local authority.

(2) Nothing contained in subsection (1) shall be construed as precluding the Authority from negotiating a contract in terms of section thirty-five with the local authority concerned.

(3) All bonds, hypothecations, title deeds, documents, charges, agreements, contracts, notes, instruments and working arrangements which relate to a transferred asset or liability and which subsisted immediately before the transferred asset or liability was transferred to the Authority shall, on and after that date, be as fully effective against or in favour of the Authority and as fully enforceable as they were immediately before that date as if, instead of the local authority concerned, the Authority had been named therein or had been a party thereto.

(4) It shall not be necessary for the Registrar of Deeds to make any endorsement on title deeds or other documents or in his registers in respect of any immovable property or any right or obligation under a mortgage, hypothecation, pledge, bond, note or charge vested in, imposed upon or transferred to the Authority in terms of this section, but the Registrar of Deeds, when so requested in writing by the Authority in relation to any particular such immovable property, mortgage, hypothecation, pledge, bond, note or charge, shall cause, free of charge, the name of the Authority to be substituted for that of the local authority concerned on the appropriate title deed or other document or in the appropriate register.

(5) Any proceeding or cause of action which, immediately before the date on which any transferred asset or liability is transferred to the Authority, was pending or existing by or against a local authority in relation to the transferred asset or liability may, on and after that date, be continued or enforced by or against the Authority as it might have been by or against the local authority had this Act not been passed.

(6) When the Authority takes transfer of assets and liabilities of a local authority undertaking in terms of subsection (1)-

(a) the Authority shall pay into its capital development fund established in terms of section twenty-nine-

(i) any assets of an electricity capital development fund kept by the local authority and transferred to the Authority; and

(ii) any balance which remained outstanding in the books of the local authority immediately before the transfer of such assets and liabilities and which related to capital expenditure financed on a repayment basis from an electricity reserve account kept by the local authority; and

(b) the Authority shall apply the moneys in its capital development fund established in terms of section twenty-nine towards meeting any liabilities of a capital development fund kept by the local authority and transferred to the Authority.

(7) With effect from the date on which the Authority assumes responsibility for the undertaking of a local authority, or with effect from such earlier date as may be agreed between the Authority and the local authority concerned, all rights and obligations which immediately before that date vested in the local authority as a result of contracts with consumers, or such of those rights and obligations as may be so agreed, shall vest in the Authority, to the extent that such rights and obligations relate to the supply of electricity.

(8) Any guarantee or suretyship given or made by the Government or any other person in respect of any debt or obligation which-

(a) is or relates to a transferred asset or liability; and

(b) was incurred by a local authority before the date on which the transferred asset or liability concerned was transferred to the Authority and remained effective immediately before that date;

shall, on and after the date on which the transferred asset or liability concerned was transferred to the Authority, remain fully effective against the guarantor or surety in relation to the repayment of the debt or performance of the obligation, as the case may be, by the Authority.

(9) Any by-laws which relate to the supply of electricity by a local authority and which are in force within any part of the area of the local authority or its licensed area in terms of the repealed Act on the date on which the Authority assumes responsibility for the supply of electricity within the area concerned shall, on and after that date, continue in force, mutatis mutandis, within such area as if they were by-laws of the Authority, and may be amended or repealed by the Authority in the same manner that the Authority may amend or repeal its by-laws.

(10) In the event of any dispute arising concerning whether any proceeding or cause of action may be continued or enforced by or against a local authority or the Authority, the dispute shall be referred to the Minister whose decision shall be final. (11) With effect from a date to be agreed between the Authority and the local authority concerned-

(a) all fully-engaged undertaking employees of that local authority whose employment with the local authority is not terminated before that date; or

(b) such lesser number of fully-engaged undertaking employees of that local authority as may be agreed upon by the Authority and that local authority; shall be transferred, on such conditions of employment as the Board may fix, to such posts in the employment of the Authority as are specified for them or for employees of their grade or class in an organization chart which shall be prepared by the Board before the date of commencement of this Act.

(12) Subject to this section, at any time before the date on which fully-engaged undertaking employees of any local authority are transferred to the employment of the Authority in terms of subsection (11), the Board, with the consent of the local authority concerned, may transfer any particular fully-engaged undertaking employee to the employment of the Authority, on such conditions of employment as the Board may fix.

(13) Subject to this section, the Board-

(a) may at any time, with the consent of the local authority concerned; or (b) shall, if directed to do so by the Administrative Court in terms of subsection (22);

make to any partly-engaged undertaking employee an offer of transfer to the employment of the Authority on such conditions of employment as the Board may fix.

(14) If a partly-engaged undertaking employee accepts an offer made to him in terms of subsection (13) he shall be transferred to the employment of the Authority with effect from the date of his acceptance or from such other date as the Authority and the local authority concerned may fix.

(15) If any person transferred to the employment of the Authority in terms of this section was, immediately before the transfer, serving a period of notice of discharge, resignation or retirement, which period expires after his transfer, the notice of discharge, resignation or retirement shall be treated as if it had been given by or to the Authority, as the case may be.

(16) The conditions of employment, taken as whole, on which any person is transferred to the employment of the Authority under this section shall be no less favourable than the conditions of employment, taken as a whole, that were applicable to him immediately before his transfer, and for the purpose of determining his rights thereunder his employment with the local authority from which he was transferred shall be regarded as continuous employment with the Authority.

(17) Any person who is transferred to the employment of the Authority in terms of this section and who, immediately before his transfer, was a member of a pension scheme prepared in terms of the Local Authorities Employees (Pension Schemes) Act [Chapter 29:09] or a pension fund or provident fund established for employees of a local authority in terms of any other law, shall remain a member, subject to the rules of the scheme or fund concerned:

Provided that such a person shall be entitled at any time while he is in the employment of the Authority to become a member of a pension fund or provident fund established by the Authority and, if he does so, he shall thereupon cease to become a member of the pension scheme or first-mentioned pension fund or provident fund, as the case may be, unless the person who administers that pension scheme or that first-mentioned fund, as the case may be, permits him to remain a member. (18) If-

(a) any local authority is aggrieved by the refusal of the Authority- (i) to take transfer of any asset or liability in terms of this section; or

(ii) to take transfer of an employee as a fully-engaged undertaking employee; or

(iii) to make an offer of transfer to any employee as a partly-engaged undertaking employee; or

(b) the Authority is aggrieved by the refusal of any local authority- (i) to permit any employee to be transferred to the employment of the

Authority as a fully-engaged undertaking employee; or

(ii) to consent to the Authority making an employee of the local authority an offer of transfer in terms of subsection (13); or

(c) any employee of a local authority is aggrieved by the refusal of- (i) the Authority to transfer him to its employment as a fully-engaged undertaking employee or to make him an offer of transfer in terms of subsection (1) as a partly-engaged undertaking employee; or

(ii) the local authority to permit him to be transferred to the employment of the Authority as a fully-engaged undertaking employee or to consent to the Authority making him an offer of employment in terms of subsection (13) as a partlyengaged undertaking employee; or

(d) any employee of a local authority is aggrieved by his transfer to the employment of the Authority as a fully-engaged undertaking employee or a partlyengaged undertaking employee on the ground that he does not belong to that class of employee;

within three months after being notified of the refusal or transfer, as the case may be, or within such longer period as the President of the Administrative Court may for good cause allow, it or he, as the case may be, may appeal against the refusal or transfer to the Administrative Court.

(19) For the purpose of hearing an appeal in terms of subsection (18) the Administrative Court shall consist of a President of the Administrative Court and two assessors, of whom-

(a) one assessor shall be appointed by the President of the Administrative Court from a list of names of no fewer than three persons, who are not councillors or employees of a local authority, submitted by the Association of Urban Councils; and (b) one assessor shall be appointed by the President of the Administrative Court from a list of names of no fewer than three persons, who are not members of the Board or employees of the Authority or the Electricity Supply Commission, submitted by the Board.

(20) If the Association of Urban Councils or the Board for any reason do not submit a list of names in terms of subsection (19), the President of the Administrative Court may appoint as an assessor any person whom he thinks fit.

(21) No person shall sit as an assessor at the hearing of any appeal in terms of subsection (18) if he or his spouse or any relative within the first degree of consanguinity or affinity or any company of which he is a manager, officer, employee or agent, is directly or indirectly interested in the subject-matter of the appeal. (22) In any appeal in terms of subsection (18), the Administrative Court may-

(a) confirm or set aside the refusal appealed against; or

(b) confirm the transfer appealed against or, if the Administrative Court considers that the employee concerned did not belong to a class of employee who could have been transferred to the employment of the Authority in terms of this section, set aside the transfer; as the case may be, or make such other order in the matter as it thinks just.

65 Remedies of aggrieved employees regarding adverse conditions of employment

(1) If any person who has been transferred to the employment of the Authority in terms of section sixty-three or sixty-four considers that the conditions of his employment with the Authority, taken as a whole, are less favourable than those which, taken as a whole, were applicable to him immediately before his transfer, he may, subject to this section, within one year after his transfer or within such longer period as the President of the Administrative Court may for good cause allow, apply to the Administrative Court for an award of compensation.

(2) If-

(a) any partly-engaged undertaking employee to whom an offer of transfer has been made in terms of subsection (13) of section sixty-four; or

(b) a local authority that employs a partly-engaged undertaking employee referred to in paragraph (a);

considers that, taken as a whole, the conditions of employment offered to the employee by the Authority are less favourable than his existing conditions of employment with the local authority, taken as a whole, he or it, as the case may be, may within six months after the employee received notice of the conditions or within such longer period as the President of the Administrative Court may for good cause allow, apply to the Administrative Court for an award of compensation.

(3) Before making an application in terms of subsection (1) or (2), an employee or local authority, as the case may be, shall give the Authority at least one month's written notice of his or its intention to make the application, specifying the conditions of employment which he or it considers are less favourable than those previously applicable to the employee and calling upon the Authority to improve them.

(4) An application in terms of subsection (1) or (2) shall be made by the applicant submitting a notice of application to the Administrative Court, setting out the grounds on which the application is brought, and a copy of the notice of application to- (a) the Authority; and

(b) the employee concerned, in the case of an application made by a local authority in terms of subsection (2).

(5) Within fourteen days following the receipt by it of a copy of a notice of application referred to in subsection (4), the Authority shall forward-

(a) to the Administrative Court a notice setting out any representations it may wish to make in response to the application; and

(b) to the applicant a copy of the notice referred to in paragraph (a).

(6) For the purpose of hearing an application made to it in terms of subsection (1) or (2), the Administrative Court shall consist of a President of the Administrative Court and two assessors appointed, subject to subsections (7) and (8), by the President of the Administrative Court.

(7) Before appointing a person to be an assessor for the purpose of hearing an application in terms of this section, the President of the Administrative Court shall notify the applicant and the Authority of the name of such person, and shall pay due regard to any representations the applicant or the Authority may make in regard to the suitability of such person for appointment.

(8) No person shall sit as an assessor at the hearing of any application in terms of this section if he or his spouse or any relative within the first degree of consanguinity or affinity or any company of which he is a manager, officer, employee or agent, is directly or indirectly interested in the subject-matter of the application. (9) In any application in terms of this section the Administrative Court shall- (a) award compensation in accordance with subsection (10) to the employee in respect of whom the application is made, if the Administrative Court is satisfied that, taken as a whole, the conditions of employment presently enjoyed by the employee or offered to him by the Authority, as the case may be, are less favourable than the conditions of employment, taken as a whole, which were applicable to the employee immediately before he was transferred to the Authority or the offer was made to him, as the case may be; and

(b) dismiss the application, if the Administrative Court is not satisfied as provided in paragraph (a):

Provided that, if the Administrative Court considers it would be in the interests of the employee concerned to do so, it may adjourn the proceedings to enable the Authority to improve the conditions of employment applicable to the employee or to make him a further offer of transfer, as may be appropriate.

(10) The Administrative Court shall assess compensation for the purposes of this section in accordance with the formula set out in the Third Schedule, on the basis of the age of the employee concerned and the period of his continuous service with the Electricity Supply Commission or any local authority, as the case may be, and, where applicable, with the Authority.

(11) A person to whom the Administrative Court has awarded compensation in terms of this section-

(a) shall be deemed to have given the minimum period of notice of resignation permissible under his existing conditions of service to the Authority or, in the case of an employee of a local authority, to the local authority, on the date on which he is notified of the award of compensation; and

(b) apart from any pension benefit or payment for leave accrued but not taken or any similar sum payable to him in respect of the termination of his employment, shall not be entitled to any further compensation, whether at common law or in terms of any enactment, arising out of the termination of his employment or the failure by the Authority to employ him.

(12) Nothing in subsection (11) shall be construed as preventing an employee, with the consent of the Authority or the local authority, as the case may be, from withdrawing the notice he is deemed to have given in terms of paragraph (a) of subsection (11) and resuming his employment with the Authority or the local authority and foregoing any right to compensation in terms of this section.

(13) The Authority shall pay a person the amount of any compensation awarded to him in terms of this section as soon as possible after the termination of his employment in terms of subsection (11).

(14) If the Administrative Court refuses an application made in terms of subsection (2), and if the partly-engaged undertakings employee concerned continues to refuse to accept the offer of transfer which was the subject of the application, the local authority that employs him may dismiss the employee concerned on not less than three months' notice.

66 Continuation of undertakings by local authorities

(1) Notwithstanding any other provision of this Act but subject to any directions given to it in terms of subsection (3), a local authority which, immediately before the fixed date, operated an undertaking may, on and after the fixed date, continue to operate the undertaking in accordance with-

(a) its licence granted in terms of the repealed Act; and

(b) the Urban Councils Act [Chapter 29:15];

as they existed immediately before the fixed date.

(2) Any by-laws made in respect of its undertakings by a local authority in terms of the Urban Councils Act [Chapter 29:15] shall, mutatis mutandis, remain in force and effect while the local authority continues to operate its undertaking in terms of subsection (1), until they are repealed in terms of subsection (9) of section sixty-four or in compliance with a direction in terms of subsection (3).

(3) The Authority may from time to time give to a local authority which continues to operate an undertaking in terms of subsection (1) written directions in respect of any matter whatsoever relating to the operation of such undertaking, and the local authority shall take all possible steps to comply with any such direction.

(4) Without derogation from the generality of subsection (3), directions in terms of that subsection may require a local authority-

(a) in accordance with the Urban Councils Act [Chapter 29:15], to repeal or amend any of its by-laws relating to its undertaking;

(b) to cease operating the whole or any part of its undertaking.

67 Regulations regarding transitional matters

In addition to the powers conferred upon him by section sixty-one, the Minister may make regulations providing, subject to this Part, for all matters which, in his opinion, will bring about or facilitate-

(a) the transfer of assets, liabilities and staff to the Authority from the

Electricity Supply Commission and local authorities; and

(b) the assumption by the Authority of functions of the Electricity Supply Commission and local authorities in relation to the generation, transmission, distribution and supply of electricity; and

(c) the proper and effective operation of the Authority from the fixed date. 68 Savings

(1) Any-

(a) by-laws which were made or deemed to have been made by the Electricity Supply Commission in terms of the repealed Act; or

(b) regulations which were made by the Minister in terms of the repealed

Act;

and which were of force and effect immediately before the fixed date shall, on and after the fixed date, continue to have the same force and effect as if they were by-laws made by the Authority or regulations made by the Minister, as the case may be, in terms of this Act.

(2) Any price, levy or surcharge which, immediately before the fixed date, was chargeable within any area in respect of the supply of electricity to consumers or to any particular consumer or any undertaker shall, on and after the fixed date and until alternative provision is made in terms of this Act, continue to be chargeable in respect of the supply of electricity to those or similar consumers by the Authority or any other undertaker that supplies electricity within the area concerned.

(3) Whenever, on or after the fixed date, he approves any price or schedule of standard prices for the supply of electricity in terms of this Act, the Minister may direct the Authority or the undertaker concerned to vary or withdraw any surcharge referred to in subsection (2).

(4) Subject to this Act, any right in or over land or water which, immediately before the fixed date, vested in any undertaker, other than the Electricity Supply Commission, in terms of Part IV of the repealed Act or any enactment repealed by the repealed Act shall, on and after the fixed date, continue to vest in the undertaker as if it had been acquired in terms of this Act:

Provided that, where the Authority assumes responsibility for the undertaking of a local authority, any such right which, immediately before the date on which the Authority assumes such responsibility, vested in the local authority in respect of its undertaking shall, on and after that date, vest in the Authority.

(5) Subject to this Act, any permission granted, direction given or other thing whatsoever made, done or commenced which, immediately before the fixed date, had or was capable of acquiring force and effect in terms of the repealed Act shall, on and after the fixed date, continue to have, or, as the case may be, to be capable of acquiring, force and effect as if it had been granted, given, made, done or commenced, as the case may be, in terms of the equivalent provision of this Act.

FIRST SCHEDULE (Section 19) POWERS OF AUTHORITY

1. To construct, establish, acquire, maintain and operate undertakings.

2. To purchase or sell coal and other fuel, steam, water and other materials and stores used in the performance of its functions.

3. To sell by-products produced in the performance of its functions.

4. To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and interests therein and rights thereover and concessions, grants, rights, powers and privileges in respect thereof.

5. To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions.

6. To maintain, alter, build on or improve property acquired by it.

7. To mortgage any assets or part of its assets.

8. To sell, exchange, lease, dispose of, turn to account or otherwise deal with any assets or part of any assets that are not required for the exercise of its functions for such consideration as it may determine:

Provided that the Authority shall not sell or dispose of any of its immovable property except with the consent of the Minister.

9. To draw, make, accept, endorse, discount, execute and issue, for the purposes of its functions, promissory notes, bills of exchange, bills of lading, securities and other negotiable or transferable instruments.

10. To insure against losses, damages, risks and liabilities that it may incur.

11. To make contracts and enter into suretyships or give guarantees in connection with the exercise of its functions and to modify or rescind such contracts or rescind such suretyships or guarantees.

12. With the approval of the Minister, to enter into, renew, cancel or abandon arrangements with the Zambezi River Authority or any Government or authority, local or otherwise, that may seem conducive to the exercise of any of its functions and to obtain from the Zambezi River Authority or such Government or authority rights, privileges and concessions that it thinks desirable to obtain and carry out, exercise and comply with such arrangements, rights, privileges and concessions.

13. With the approval of the Minister and the Minister responsible for finance-

(a) to raise loans or borrow money, by the issue of stock, bonds, debentures, bills or otherwise, in such amount and for such purposes and under such conditions as may be approved by those Ministers;

(b) to borrow temporarily, by way of bank overdraft or otherwise, such amounts for such purposes as may be approved by those Ministers:

Provided that any such loans or amounts so borrowed, together with the interest and all other charges payable thereon, shall be a charge on and be repaid out of the general revenues and assets of the Authority and shall be repaid within such period as may be approved by those Ministers.

14. With the approval of the Minister and the Minister responsible for finance, to establish and administer such funds and reserves not specifically provided for in this Act as the Board may consider appropriate or necessary for the proper exercise of the functions of the Authority.

15. To cause surveys, including geological surveys, plans, drawings maps, sections and estimates to be made by its employees or agents.

16. To employ, upon such terms and conditions as the Board may think fit, such persons as may be necessary for conducting the affairs of the Authority and suspend or discharge any such persons.

17. To enter into agreements with the Zambezi River Authority and other undertakings in order to secure or facilitate the transfer of staff between one undertaking and another.

18. To pay such remuneration and allowances and grant such leave of absence and, with the approval of the Minister, to make such gifts, bonuses and the like to its employees as the Board thinks fit.

19. To provide pecuniary benefits for its employees on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, establish pension or provident funds or make such other provisions as may be necessary to secure for its employees and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.

20. To purchase, take on lease or in exchange or otherwise acquire land or dwelling-houses for use or occupation by its employees.

21. To construct dwellings, outbuildings or improvements for use or occupation by its employees on land purchased, taken on lease or in exchange or otherwise acquired by the Authority.

22. To lease or, with the approval of the Minister, to sell dwelling-houses and land for residential purposes to its employees.

23. With the approval of the Minister and of the Minister responsible for finance, to make or guarantee loans made to its employees or their spouses for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling-houses or land belonging to its employees or their spouses.

24. To provide security in respect of loans such as are described in paragraph 23 by the deposit of securities, in which the Authority may invest such moneys as the Board considers necessary for the purpose.

25. With the approval of the Minister and of the Minister responsible for finance, to make loans to any employee of the Authority-

(a) for the purpose of purchasing vehicles, tools or other equipment to be used by him in carrying out his duties; or

(b) not exceeding three months' salary or wages payable to him, for any purpose; on such security as the Board considers adequate.

26. To do anything for the purpose of improving the skill, knowledge or usefulness of its employees, and in that connection to provide or assist other persons in providing facilities for training, education and research.

27. With the approval of the Minister, to promote, establish or acquire companies or other undertakings and, in connection with any such company or other undertaking-

(a) to manage it and to act as secretary thereof;

(b) to appoint any person to act on behalf of the Authority as a director thereof or in any other capacity in relation thereto.

28. With the approval of the Minister and the Minister responsible for finance, to provide financial assistance to any institution or person whose activities or part of whose activities are such as to be, in the opinion of the Board, of benefit to the Authority or the Zambezi River Authority.

29. To grant such scholarships or bursaries as the Board considers to be in the interest of the Authority or the Zambezi River Authority.

30. To establish, engage in, operate or manage schemes for-

(a) the training of persons engaged in or to be engaged in the undertaking of the Authority or the Zambezi River Authority;

(b) research in any science or discipline related to the generation, transmission, distribution or supply of electricity.

31. To associate with, participate in or enter into joint or other ventures with individuals, associations or other bodies or corporations in the promotion or expansion of the generation, supply, distribution or use of electricity in Zimbabwe.

32. To do anything which by this Act is required or permitted to be done by the Authority.

33. Generally to do all such things as are calculated to facilitate or are incidental or conducive to the performance of the functions of the Authority or the exercise of its powers in terms of this Act or any other enactment.

SECOND SCHEDULE (Section 65 (10))

COMPENSATION FOR TRANSFERRED EMPLOYEES

The compensation payable to an employee shall be calculated according to the following formula-

A + S × 4R

100

where-

A is the Age Factor, which starts at age 20 and increases at a growing rate to age 48, then remains constant to age 57 and thereafter decreases to nothing at age 65.

The Age Factor for any employee is the factor specified in Table I below opposite the age of the employee, reckoned as at the date on which his employment is terminated in terms of section 65.

S is the Service Factor, which varies according to length of service. It starts at age 16 and increases uniformly to age 50, then decreases, at a rate depending on the length of service before age 55, to nothing at age 65. The Service Factor for any employee is calculated as follows:

(a) in the case of an employee who is 55 years of age or younger on the date on which his employment is terminated in terms of section 65, the Service Factor is the factor specified in Table II below opposite the number of years (to the nearest six months) that the employee has been in the continuous employment of the Electricity Supply Commission or the local authority, as the case may be, on the date on which his employment is terminated in terms of section 65;

(b) in the case of an employee who is over the age of 55 on the date on which his employment is terminated in terms of section 65, the Service Factor is calculated according to the following formula- x × y

10

where-

x is the factor specified in Table II opposite the number of complete years that the employee had been in the continuous employment of the Electricity Supply Commission or the local authority, as the case may be, when he reached the age of 55 years;

y is the number of years, if any, remaining until the employee reaches the age of 65 years;

R is the annual salary or wage of the employee (excluding allowances and bonuses) at the date on which his employment is terminated in terms of section 65.

TABLE I

Table of Values for Age Factor

Age of employee (years) Age factor Under 20 0

20 or over but not over 20.5 0.5 Over 20.5 but not over 21 0 75

Over 21 but not over 21.5 1.25

Over 21.5 but not over 22 1.75

Over 22 but not over 22.5 2.25

Over 22.5 but not over 23 2.75

Over 23 but not over 23.5 3.25

Over 23.5 but not over 24 3.75

Over 24 but not over 24.5 4.25

Over 24.5 but not over 25 4.75

Over 25 but not over 25.5 5.25

Over 25.5 but not over 26 5.75

Over 26 but not over 26.5 6.25

Over 26.5 but not over 27 6.75

Over 27 but not over 27.5 7.25

Over 27.5 but not over 28 7.75

Over 28 but not over 28.5 8.25

Over 28.5 but not over 29 8.75 Over 29 but not over 29.5 9.5

Over 29.5 but not over 30 10 Over 30 but not over 30.5 10.5 Over 30.5 but not over 31 11 Over 31 but not over 31.5 11.5 Over 31.5 but not over 32 12.25

Over 32 but not over 32.5 12.75 Over 32.5 but not over 33 13.5 Over 33 but not over 33.5 14 Over 33.5 but not over 34 14.5 Over 34 but not over 34.5 15.25 Over 34.5 but not over 35 16 Over 35 but not over 35.5 16.75 Over 35.5 but not over 36 17.5 Over 36 but not over 36.6 18 Over 36.5 but not over 37 18.75 Over 37 but not over 37.5 19.5

Over 37.5 but not over 38 20.5 Over 38 but not over 38.5 21.25 Over 38.5 but not over 39 22

Over 39 but not over 39.5 23 Over 39.5 but not over 40 23.75

Over 40 but not over 40.5 24.75 Over 40.5 but not over 41 25.5

Over 41 but not over 41.5 26.5

Over 41.5 but not over 42 27.5

Over 42 but not over 42.5 28.5

Over 42.5 but not over 43 29.5

Over 43 but not over 43.5 30.5

Over 43.5 but not over 44 31.5 Over 44 but not over 44.5 32.75 Over 44.5 but not over 45 34 Over 45 but not over 45.5 35.5 Over 45.5 but not over 46 37

Over 46 but not over 46.5 39

Over 46.5 but not over 47 41

Over 47 but not over 47.5 44

Over 47.5 but not over 57 50 Over 57 but not over 57.5 49.75 Over 57.5 but not over 58 49

Over 58 but not over 58.5 48

Over 58.5 but not over 59 47

Over 59 but not over 59.5 45

Over 59.5 but not over 60 43 Over 60 but not over 60.5 40.5

Over 60.5 but not over 61 37.5 Over 61 but not over 61.5 34 Over 61.5 but not over 62 30.5 Over 62 but not over 62.5 26 Over 62.5 but not over 63 21.5

Over 63 but not over 63.5 16.5 Over 63.5 but not over 64 11

Over 64 but not over 64.5 5.5 Over 64.5 but not over 65 0

TABLE II

Table of Values for Service Factor

(Employees 55 years of age and under)

Number of completed years of continuous service Service factor

3 4.5 3.5 5.25 4 6 4.5 6.75 5 7.5 5.5 8.25 6 9 6.5 9.75 7 10.5 7.5 11.25 8 12 8.5 12.5

9 13.25 9.5 14 10 14.75

10.5 15.5

11 16.25 11.5 17 13 17.75

13.5 18.5

14 19.25 14.5 20 15 20.75

15.5 21.5

16 22.25 16.5 22.75 17 23.5 17.5 24.25 18 25 18.5 25.75 19 28 19.5 28.75 20 29.5 20.5 30.25 21 31 21.5 31.75 22 32.5 22.5 33.25 23 34 23.5 34.75 24 35.25 24.5 36 25 36.75

25.5 37.5

26 38.25 26.5 39 27 39.75

27.5 40.5

28 41.25 28.5 42 29 42.75

29.5 43.5

30 44.25 30.5 45 31 45.75

31.5 46.5

32 47.25 32.5 47.75 33 48.5 33.5 49.25

34 to 39 50




















Last modified on Tuesday, 19 November 2013 12:44