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Small-scale embedded generation (SSEG), particularly rooftop solar photovoltaic systems, are increasingly used by South Africans as an alternative solution to South Africa’s current energy supply challenge. The Integrated Resource Plan 2010-2030 Update estimates that residential and commercial PV embedded generation could reach 22.5GW by 2020. However, there is no legal framework for the implementation of SSEG systems of less than 1MW. The National Energy Regulator of South Africa (NERSA), in addressing the issue, has published…
A credit provider is entitled to enforce a loan that is subject to a debt-restructuring order without notice to the debtor once that order has been breached. This was confirmed by the Constitutional Court in Ferris v FirstRand Bank Limited.  Mr and Mrs Ferris were unable to repay their home loan to FirstRand Bank Limited, applied for debt review and received a debt-restructuring order.  They fell behind on their payments and breached the debt-restructuring…
A change in company law has made it difficult to get security for costs against a corporate plaintiff because the defendant must now show that the proceedings are either vexatious, reckless or an abuse of the court process. Change in law The 1973 Companies Act made it relatively easy for a defendant to obtain security for costs against a corporate plaintiff residing in South Africa. The defendant only had to prove that there was reason…