CHAPTER 73:01
ELECTRICITY SUPPLY

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Licensing requirements

    4.    Acquisition of land for electricity

    5.    Wayleaves over land

    6.    Breaking up of streets

    7.    Prevention of obstruction of transmission line

    8.    Rights of entry

    9.    Lines, meters and other apparatus not to be fixtures

    10.    Liability of licensee for damage or injury

    11.    Notice of certain accidents

    12.    Inquiries

    13.    Powers of entry, inspection and calling for returns

    14.    Appointment of inspectors

    15.    Regulations

    16.    Repeal and savings

    17.    Transitional provisions

Act 21, 1973,
Act 20, 2007,
S.I. 128, 2010,
Act 14, 2016,
S.I. 111, 2016,
S.I. 130, 2016.

    An Act to make provision for the licensing and control of undertakings for the generation and supply of electricity and for matters connected therewith and incidental thereto.

[Date of Commencement: 28th November, 2016]

1.    Short title

    This Act may be cited as the Electricity Supply Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Authority" means the Botswana Energy Regulatory Authority established under the Botswana Energy Regulatory Authority Act (Act No. 13 of 2016);

    "bulk supply" means the wholesale supply of electricity to any one or more customers or consumers in or outside Botswana as provided in terms of a supply licence;

    "consumer" means the end-user of electricity;

    "customer" means a person that buys and sells electricity for the purpose of resale;

    "distribution" means the conveyance and delivery of electricity through or over a distribution power system;

    "distribution power system"—

    (a)    means the facilities, consisting wholly or mainly of electric lines used for the distribution of electricity from the grid supply points to the point of delivery to the consumer; and

    (b)    includes any electrical plant and meters operated in connection with the distribution of electricity, but does not include any part of a transmission system and shall, without limiting the generality of the foregoing, include a power system operating at or below 66 kV;

    "electricity undertaking" means any undertaking which engages in the business of generation, transmission, distribution or supply of electricity;

    "export" means the sale of electricity to any person outside Botswana;

    "generation" means the production of electricity by any means;

    "import" means the purchase of electricity from outside of Botswana to any person inside Botswana;

    "licence" means a licence issued in accordance with section 3 of this Act;

    "licensee" means any person who holds a licence issued under this Act;

    "local authority" means a city council, a town council, a township authority, a district council, a sub-district council or an administrative authority;

    "retail supply" means the retail supply of electricity to any consumer as provided in terms of a supply licence;

    "supply" means the bulk or retail supply of electricity;

    "transmission" means the conveyance of electricity through or over a transmission power system;

    "transmission line"—

    (a)    means any cable or overhead line used for from one undertaking to another or from an undertaking, to a consumer; and

    (b)    includes any transformers, switchgear and other works necessary to and used in connection with the cable or overhead line, and the buildings or a part thereof as may be required to accommodate such transformers, switchgear and other works; and

    "transmission power system"—

    (a)    means a system consisting wholly or mainly of high voltage electric lines for the conveyance of electricity within an electricity undertaking or from one electricity undertaking to another;

    (b)    includes any transmission lines, transformers, switchgear and other works necessary for and used in connection with electrical equipment, and buildings as may be required to accommodate the transformers, switchgear and other works; and

    (c)    includes, without limiting the generality of the foregoing, a power system operating at or above 132 kV.

3.    Licensing requirements

    (1) A person shall not—

    (a)    generate, supply, transmit, distribute, export, or import electricity;

    (b)    use, work or operate or permit to be used, worked or operated any plant, apparatus or works designed for the supply or use of electricity; or

    (c)    supply, to or for the use by any other person, electricity from any plant, apparatus or works designed for the supply or use of electricity,

except in terms of a licence issued by the Authority and expressly authorising such generation, supply, transmission, distribution, export, import, use, work or operation.