Energy Law

The Regulator You Forgot About Is the One That Stops the Deal

Deal teams doing M&A in South Africa are generally well prepared for Competition Commission notification. It is the regulator everyone expects, the one every transaction lawyer raises early, and the one most deal timelines are built around. The regulators that catch teams out are the sector-specific ones – present in a specific transaction, easy to […]

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Eskom Will Not Consider Your Application Without This

There is a step in every wheeling project that gets treated as paperwork and is, in fact, a gate. Before Eskom will process a grid connection application for a wheeling arrangement, the generator must be registered with NERSA. No registration, no application. It is that simple, and it is routinely left too late. This matters

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The Six Things That Make an Energy Deal “Bankable” in South Africa (Before Lawyers Even Draft)

In South Africa, energy deals don’t get delayed because everyone disagrees on the vision. They get delayed because the fundamentals that lenders and boards care about aren’t pinned down early enough. Here are the six bankability basics we push to the front of the process – because they save months later. 1) Land and rights:

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The Consent Bottleneck: How SA Energy Projects Keep Moving When Regulators Don’t

In South Africa’s energy market, the most dangerous phase of a project isn’t the negotiation. It’s the waiting. Waiting for environmental authorisation. Waiting for municipal council approval. Waiting for NERSA. Waiting for the network operator to confirm a connection date. Waiting for a government counterparty to respond to correspondence sent three months ago. Projects that

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The Energy Deal Truth Sheet: One Page That Prevents Six Months of Arguments

Most South African energy deals start with urgency and alignment. Then somewhere between month four and month six, the same disputes surface: “That wasn’t our understanding of how curtailment would be treated.” “Your invoice doesn’t reconcile to our metering data.” “We didn’t agree that network losses would be allocated this way.” “We thought approvals were

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Municipal Electricity Procurement: Why the Real Barriers Are Structural

South African municipalities are under growing pressure to diversify their electricity supply. The policy conversation has shifted. The regulatory framework is opening up. Third-party generation, licensed traders and wheeling arrangements are increasingly part of the plan. But for energy players working in or around this space – IPPs, traders, development finance institutions, infrastructure consultancies and

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Where SA Energy Deals Actually Break Down, And Why the Obvious Fixes Don’t Work

South Africa’s energy pipeline is not short of ambition, capital, or need. What it is short of is projects that make it from heads of terms to financial close without losing six to eighteen months to problems that were visible – and unresolved – from the start. The issues that break deals in this market

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The Land + Lines + Licences Trap: Why SA Energy Deals Stall, and How to Keep Them Moving

Most South African energy deals don’t collapse because the power isn’t needed. They stall because three practical workstreams are treated as afterthoughts: land, grid lines, and licences and approvals. When those are vague, everyone ends up negotiating in the dark – and by the time reality catches up, timelines, budgets, and sometimes the deal itself

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Ask our AI a question about this topic, and one of our specialist lawyers will review the response and email you within 24 hours, free of charge.

KAI is free for Caveat friends and clients. To use KAI, complete the form below and look out for the AI’s answer, reviewed by a specialist lawyer, in your inbox. For the most accurate and helpful response, be as specific and detailed as possible. Provide all relevant facts and clearly state what you’d like answered.

Disclaimer: Kai is provided by Caveat in a bona fide attempt to make legal services more accessible to you. Caveat will not be liable for any damage, loss or expense arising from the use of this offering. 

Feedback Welcome: Your experience matters to us. Please share feedback on this offering at info@caveatlegal.com to help us improve its efficacy.