The following are the comments on the draft South African Wholesale Electricity Market (SAWEM) Code (draft Code) and draft Market Rules (draft Rules), in response to the National Energy Regulator of South Africa’s (NERSA) consultation paper of 21 April 2026.
General concerns with the draft Code and draft Rules relate to:
- Alignment of the Market Code and Rules with the Constitution, applicable laws and South Africa’s just energy transition imperatives;
- Transparency and consultation: The need for more transparency and public participation to be explicitly provided for in the Code and Rules, in relation to the SAWEM processes and decision-making;
- Governance: The need for fully independent and capacitated governance and oversight of the SAWEM; and
- Affordability and costs: Risks relating to electricity affordability and high tariffs that may arise from the SAWEM, and the need for the SAWEM Code and Rules to put necessary protections in place.
- The overarching concern is that the Code and Market Rules need to be more aligned with the public interest.
