On 24 April 2015, the Minister of Mineral Resources (Minister) repealed the Electricity Regulations to the Minerals Act 50 of 1991 and published the new Electricity Regulations to the MHSA (new Electricity Regulations). (Click here for a copy of the relevant Government Gazette and here for the e-Alert on the new Electricity Regulations.) 

The Minister also added a schedule to Chapter 22 of the Regulations to the MHSA, relating to technical competencies for purposes of the new Electricity Regulations (Electrical Competencies Regulations). (Click here for a copy of the relevant Government Gazette.)

The new Electricity Regulations require an employer to take reasonably practical measures to ensure that a "competent person" performs certain tasks in respect of electrical apparatus.  The meaning of "competent person" in each case is set out in the Electrical Competencies Regulations. 

Meaning of "competent person" for the purposes of approving designs of electrical apparatus

The new Electricity Regulations require that a "competent person" approve the design of all electrical apparatus and electrical reticulation systems. That competent person is someone who is registered with the Engineering Council of South Africa as a Professional Engineer and who, by virtue of his or her knowledge and experience, is competent to design, select and approve electrical systems and installations.

Meaning of "competent person" for the purposes of control of electrical apparatus at mines with single phase power supply at a domestic voltage

Electrical apparatus must be under the control of a "competent person" for the purposes of the new Electricity Regulations.  Where the only power supply to the mine is a single phase power supply at a domestic voltage, that person is someone who:

• is in possession of an installation electrician certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the Mining Qualifications Authority (MQA); and
• has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work at the mine.

Meaning of "competent person" for the purposes of control of electrical apparatus at mines with multi-phase power supply of low voltage

Where a multi-phase power supply of low voltage is supplied to a mine (even if single-phase power is used at some parts of the mine) the competent person, under whose control electrical apparatus must be, is someone who:

• is in possession of an installation electrician certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the MQA; and
• has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he is required to work at the mine.

Meaning of "competent person" for the purposes of control of electrical apparatus at mines where power supply is above low voltage

Where power supplies above low voltage is supplied to a mine (even if domestic or low voltage power is used at some parts of the mine) the competent person, under whose control electrical apparatus must be, is someone who:

• is the holder of a Certificate of Competency for Mechanical or Electrical Engineer issued by the Department of Mineral Resources and who by virtue of his knowledge and experience is competent in the construction and installation of electrical apparatus and reticulation systems; or
• has been assessed competent against a qualification recognised for this purpose by the MQA.

Meaning of "competent person" for the purposes of installation, repairs and maintenance of electrical apparatus

A "competent person" tasked with installing, repairing and maintaining all electrical apparatus for the purposes of the new Electricity Regulations is someone who has qualifications under the Skills Development Act 97 of 1998 (Skills Development Act) as:

• an electrician or millwright; or
• has competency or competencies recognised by the Mining Qualifications Authority for these purposes and has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work at the mine.

Meaning of "competent person" for the purposes of energising, de-energising or isolation of electrical apparatus

A "competent person" for the purposes of energising, de-energising or isolating electrical apparatus must hold the following competencies:

• qualifications under the Skills Development Act as:
  • an electrician or millwright; or
  • competency or competencies recognised by the Mining Qualifications Authority for these purposes and has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work on at the mine;
  • as attended a skills programme recognised by the MQA for this purpose; and
  • has two years' experience in switching on medium voltage apparatus.

Clients are thus advised to read the new Electricity Regulations together with the Electrical Competencies Regulations and ensure that the necessary competencies are held by persons performing work at a mine.

Written by Kate Collier, partner, Ganeefah Dawood, associate, and Kalinka Eksteen, candidate attorney, Webber Wentzel