Out-Law Analysis 2 min. read
20 May 2025, 7:28 am
The National Energy Regulator of South Africa (NERSA) published its gas, renewable energy and hydrogen partnership in South Africa report on 22 April, emphasising the synergies between these industries and identifying the importance of accelerating legislative, regulatory and policy reforms to integrate gas into the country’s energy system.
The South African gas industry is at a critical juncture due to declining gas supplies from Mozambique, which is the country’s predominant gas supplier. This crisis is further compounded by the lack of gas import infrastructure and minimal progress in developing domestic gas production capacity. The strategy report is a blueprint for finding alternative sources to prevent a gas supply crisis.
The strategy report contemplates several objectives, including:
The publication of the strategy report is significant for several reasons; firstly, it shows that NERSA in its capacity as the national energy regulator is leading the charge towards developing the country’s gas industry, and secondly, the strategy report provides the private sector with the regulator’s perspective of what the road ahead looks like in terms of what must be done to create an enabling environment for investors, and thirdly, the strategy report demonstrates to investors the energy regulator’s intent and priorities and provides investors with the opportunity to provide feedback and collaborate with NERSA in the development and implementation of the strategy.
The strategy report provides a foundation for ways in which the public sector together with the private sector can create a thriving gas industry in South Africa, however, more needs to be done to incentivise private sector involvement in the gas industry.
The government now needs to articulate what the transactional framework is going to look like and how risk will be allocated between the public and private sectors, review and streamline regulations that impact lending to incentivise lenders to lend to the private sector by reducing compliance costs and administrative burdens, finalise the Gas Master Plan and Gas Amendment Bill so investors can familiarise themselves with the rules and inject investments into the gas market sooner rather than later and lastly, develop the necessary institutional capacity in the public sector to implement the gas regulations and strategies.
Gas-to-power projects may play a crucial role in avoiding the country facing a shortage of baseload power generation capacity, which will largely depend on Eskom’s plans with its aging coal generation fleet.
Co-written by Njabulo Gumede of Pinsent Masons.