AfriForum has questioned the legality of new solar-related charges proposed by the Emfuleni Local Municipality, saying the planned fees may not comply with South African laws. The proposal has raised concerns among homeowners who have already invested in rooftop solar systems to reduce their dependence on the electricity grid.
Under the municipality’s proposal, homeowners with rooftop solar installations would be required to pay a once-off registration fee of R2,400 and an additional monthly charge of R463. The announcement has attracted criticism from residents who believe the new costs could place an unfair financial burden on households that have already spent significant amounts installing solar power systems.
AfriForum said municipalities are allowed to recover the costs of maintaining and operating electricity distribution networks. However, the organization stressed that any new tariff or charge must be introduced in line with the South African Constitution, the Municipal Systems Act, and the Municipal Finance Management Act. According to the group, these laws require municipalities to follow proper legal and administrative procedures before implementing new fees.
After reviewing the Emfuleni Local Municipality’s official planning documents and the information submitted to the National Energy Regulator of South Africa (Nersa), AfriForum said it identified several concerns. The organization stated that it could not find a clear policy framework in the municipality’s Integrated Development Plan to support the introduction of the proposed solar charges.
AfriForum also said there was no evidence that the municipality had carried out a detailed cost-of-service study to justify the amount of the registration and monthly fees. In addition, the organization claimed there was no indication that the municipality had amended its bylaws to provide the legal authority needed to impose the new charges.
To seek further clarity, AfriForum has formally requested several documents from the municipality. These include council resolutions approving the fees, legal opinions supporting the decision, detailed calculations used to determine the charges, and all correspondence between the municipality and Nersa regarding the proposal.
Morné Mostert, AfriForum’s Manager for Local Government Affairs, said municipalities should not impose additional financial burdens on residents simply because they have legally invested in rooftop solar systems. He said any new tariff must have a clear legal basis, be supported by proper cost analysis, and be introduced through a transparent public participation process.
AfriForum said it remains willing to engage with the Emfuleni Local Municipality to discuss the proposed charges. At the same time, the organization stated that it will continue examining the legal basis of the plan and take further steps if necessary to ensure that residents are protected from fees that may not comply with the country’s legal requirements.
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