ZIMBABWE Law and Practice Contributed by: Nikita Madya and Chantele Sibanda, Wintertons
Such an appeal must be made in the form and man- ner prescribed in the Administrative Court’s rules and within the period prescribed therein. For the purpose of determining an appeal, the court will be assisted by two assessors with ability or experience in the field of electricity. In an appeal, the Administrative Court may confirm, vary or set aside the decision or action appealed against, and may make such order as it thinks just (whether regarding costs or otherwise). Prior to making an appeal as stated earlier, an aggrieved person may – within ten days of the ren- dering of ZERA’s decision or action – submit a request ZERA to reconsider some or all of its decisions or actions for the purpose of correcting a manifest error. 4.7 Open-Access and Non-Discriminatory Transmission The basis on which the transmission service is pro- vided is stipulated in the licence. Under Section 43 (1) of the Electricity Act and subject to such terms and conditions as ZERA may fix in the licence, a primary transmission licence authorises the licensee to do any one or more of the following as may be specified in the licence: • carry on grid construction and the operation and maintenance of transmission facilities within Zim- babwe; • carry on the operation of an electricity power sys- tem, including but not limited to generation sched- uling, commitment and dispatch, transmission scheduling and generation outage co-ordination, transmission congestion management, power pooling, international transmission co-ordination, procurement and scheduling of ancillary services and system planning for long-term capacity, and such other activities as may be required for the reli- able and efficient operation of an electricity power system; and • establishing and maintaining standards and proto- cols for the setting of electricity prices;publishing prices and other market information; and • such other activities as may be required for a reli- able and efficient power exchange. • operate a power exchange, including: • energy accounting and settlement;
Section 43 (2) states that ZERA may require separate primary transmission licences to be issued in respect of the functions identified in paragraphs (a), (b) and (c) of subsection (1) if it determines that doing so is in the public interest. Given the size of the market in Zimbabwe, it is most unlikely that many transmission licences will be issued. This is more likely to remain on an open-access and non-discriminatory basis. 5. Distribution 5.1 Constructing and Operating Electricity Distribution Facilities The same regulatory authority and approvals men- tioned in 3.1 Constructing and Operating of Genera- tion Facilities apply to the construction and operation of electricity distribution facilities. The same regulatory process described in 3.2 Obtain- ing Approvals to Construct and Operate Generation Facilities and 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities applies to distribution facilities applications – although the required documents are: • a map indicating the location of the distribution lines; and • information relating to the distribution system, covering: • line specifications (capacity, voltage, length, con- ductor type, configuration, etc); • points of supply; • contractual arrangements – operations and main- tenance; • metering arrangements and billing arrangements; • connection charges/agreements; • client services standards; • applicable tariffs; • a single line diagram; • transformers and transformer sizes; • proposed agreements for distribution network con- nections and use of the system; 5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities
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