Section 33


 We would like to update all interested parties on the proposed PV programme.

During 2018 most of the hurdles have been taken, from which the most critical were the approved tariff by NERSA and the legal agreement between the investor and NMBM. Besides others those two points have been resolved and we hope to open the application process soon.

Following items are still outstanding to be able to sign contracts with investors:

  • Approval of the legal agreement by council
  • Written comments from National and provincial treasury

Please find the latest version of the rules and regulations here.

Please find the latest version of the legal agreement between the investor and NMBM here. 


NOTICE IS HEREBY GIVEN in terms of Section 33 of the Local Government: Municipal Finance Management Act, No. 56 of 2003 that the Nelson Mandela Bay Municipality ("the City”) intends entering into an agreement with service providers for a period of 25 years to offer under certain conditions free Photo voltaic (PV) systems to the citizens of the city.

NOTICE IS FURTHER GIVEN in accordance with Section 21A and Section 21 of the Local Government Municipal Systems Act, No. 32 of 2000 that –

(a) The local community and other interested persons are invited to submit comments or representations to the Municipality in respect of the proposed draft contract(s). Such comments or representations must be received by no later than 13 March 2018 via electronic mail on following email address or be delivered to the mailing address provided here under.

(b) Copies of the draft contract(s) and information statement summarising the Municipality’s obligations in terms of the draft agreement(s) are available for inspection at the locations listed here under as well as at all the Municipal Libraries and will also be accessible on this website as download (download link)

(c) Further details and clarity may be requested via email on and will be made available on the above mentioned website.

Physical Address Mailing Address

Munelek Building

46 Harrower Rd.

North End

Port Elizabeth


Munelek Building

46 Harrower Rd.

North End

Port Elizabeth


Submissions must be marked: PV programme Section 33 process

Persons who are physically disabled or unable to write but need to participate in the process may present themselves during office hours at the offices of the Municipality where a staff member will assist them to transcribe the relevant comments or representations.

Questions & Answers asked:

Q: B-BBEE is not on the score sheet.

A: To encourage the black economic empowerment, there will be a new point added in the scoring system of the rules and regulation which gives investors up to 100 extra points for their B-BBEE status.

Q: We assume that successful bidders, once operational, will have access to view the Metro billing system.

A: The metro is not allowed to hand out any client information without his approval. The client has to apply with the municipality for remote access of his account. He is then free to share the access data with the investor.

Q: Reconsider your previous reinforcement that only the first year will be aggregated and thereafter it will be done on a monthly basis.

A: Only the first year net metering will be done yearly. The following years will remain on a monthly base.

Q: What are the rules of engagement between us and potential customers?

A: In principle a company can make use of all the different communication options like advertisement, spots on the radio, flyer or posters. The investor is also allowed to do public relations, create their own Homepage, use buildings or vehicles as an advertising medium or even go new ways with sponsoring or event marketing, as long as it is not misleading.

Cold calling is allowed if consent to the contacting could exist.

Misleading advertising is not allowed.

Q: It would be reassuring to know the details of the management entity.

A: The management entity will be a division of the Electricity & Energy dep. from the municipality

Q: Can you please confirm that it is clause 2.10 on page 23 of the gazette No 1231 that applies to us?

A: No, this is not applicable. The investor is not a reseller.

Q: Under section 4 -Concept it is mentioned that freestanding installations will not be allowed.

A: This part will be deleted and free standing installations will be allowed.

Q: The names and qualifications of the evaluation team should be made available in the interest of transparency, independence and fairness.

A: Yes, the municipality will make this information available.

Q: When the PV GreenCard is completed, does it mean that a CoC for the PV installation is no longer required?

A: No, the PV GreenCard is complementary to the COC. The PV GreenCard is a quality checklist that cites the CoC as a basic requirement for the installation process.

Q: Is there a sample of the PV GreenCard available?

A: Yes, there is now a link on the municipal website:

Q: The Prosumer has to be a credit (30 day) customer. If the customer does not pay his account, for whatever reason, are you expecting the investor to take this risk?

A: No, the customer doesn’t have to be a credit customer. Where possible the municipality will switch participating customer to prepaid customers to minimize the risk of nonpayment. However, at this stage it will not be possible to switch single phase customers above 80 A or three phase customers above 100A to prepaid meters. If a credit customer doesn’t pay his account, he will be switched off, which doesn’t mean that the PV system will be switched off. The investor can still produce electricity and feed into the grid.

Q: The allocation of the capacity available will be heavily skewed towards the company which achieves the highest points. A revised allocation method should be devised.

A: The maximum capacity allocated to one company will be limited to 100MW


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