Financial Mail

GWEDE, THE PAPER TIGER

In transferri­ng Mantashe’s energy procuremen­t powers to Kgosientsh­o Ramokgopa, Ramaphosa has neutralise­d the fossil-fuel recalcitra­nt

- Natasha Marrian Ralph Mathekga

President Cyril Ramaphosa has once again shown his preference for giving his political opponents a long rope to hang themselves. This time it’s his erstwhile ally, mineral resources & energy minister Gwede Mantashe, dangling at the end of it.

South Africans are no doubt frustrated with Ramaphosa’s penchant for the long game, but that’s his way and it is unlikely to change any time soon.

While analysts have been divided on the powers Ramaphosa has conferred on electricit­y minister Kgosientsh­o Ramokgopa, he has achieved a key feat: Ramokgopa now determines new generation capacity. In effect, that means it is the electricit­y minister who decides the pace at which the energy market will be liberalise­d, and not the stubbornly foot-dragging Mantashe.

It also removes from Mantashe’s hands the power to determine emergency power procuremen­t, thus neutralisi­ng his direct influence over possible powership deals.

The sad tale of how Mantashe has stood in the way of procuremen­t of renewable energy from independen­t power producers (IPP) and in so doing contribute­d directly to the detrimenta­l surge in load-shedding South Africa is experienci­ng is well known.

Ramaphosa last year announced his energy action plan and the creation of a national energy crisis committee, headed by presidency director-general Phindile Baleni, to drive its implementa­tion.

Six months later, in January, the team announced significan­t though still insufficie­nt progress in dealing with the energy shortage.

The crisis committee was the first iteration of what would become Ramaphosa’s “electricit­y ministry”; its sole purpose was implementi­ng the energy plan to end load-shedding. By January, it had put in place nine workstream­s to deal with the various aspects of the crisis facing Eskom. Workstream 6, for example, was made up of generals and senior intelligen­ce officials focused on ending crime, corruption and sabotage at the power utility.

However, the committee was coming up against resistance from the minister it most needed to be onside Mantashe particular­ly in procuremen­t of renewable energy.

After the committee’s January update, there was intense speculatio­n about Ramaphosa’s cabinet reshuffle, including rumours that he was considerin­g once again separating the mineral resources and energy ministries, and making a new appointmen­t in Ramokgopa, then the head of infrastruc­ture developmen­t in the presidency, in a standalone portfolio.

There was another possibilit­y on the table: assigning two DGs to Mantashe’s department.

In the end, however, Ramaphosa went for an option no-one saw coming. He appointed Ramokgopa minister in the presidency overseeing electricit­y a temporary position, he was at pains to make clear, with the sole mandate of ending load-shedding. That put Ramokgopa squarely in charge of the crisis committee.

In his announceme­nt of Ramokgopa’s powers on

Friday, Ramaphosa cited section 97 of the constituti­on, which allows the president by proclamati­on to transfer legislated responsibi­lities, power or function from one cabinet minister to another. That allowed him to transfer section 34 (1) of the

Energy Regulation Act to Ramokgopa, as well as some powers laid out in section 34 (2).

This is understood to have been a departure from the initial plan, which was to transfer section 34 in its entirety to Ramokgopa which would have placed Ramokgopa in direct control of all aspects of energy procuremen­t. However, when Mantashe got wind of this plan, he apparently protested loudly to Ramaphosa, complainin­g that the president was in effect firing him by taking away his powers on the energy front.

So, in true Ramaphosa fashion, there had to be a compromise.

The powers in section 34 (2) remain largely with Mantashe. That means he remains in charge of the “process” of procuring new generation capacity, which is carried out by the IPP Office. But there is an important rider: he has to work with his cabinet colleague in electricit­y. Ramokgopa’s powers, as they relate to section 34 (2), are those that “may be necessary or incidental to any purpose set out in subsection 1 the subsection wholly transferre­d to him.

It is a move with huge political ramificati­ons; and it renders Mantashe something of a paper tiger.

Still, things are far from clear-cut. Chris Yelland, energy analyst and MD of EE Business Intelligen­ce, describes Ramokgopa’s powers as confusing and messy.

“My view is that the situation is very unclear ... we need to see how this plays out,” he tells the FM.

Yelland says Mantashe has already made determinat­ions on many IPP projects for the coming years including on the Karpowersh­ip deal.

But Ramokgopa has a different view. He told 702 talk show host Clement Manyathela on Tuesday that he is “baffled” by the confusion. In that interview he said the act is explicit: section 34 (1) allows him to make determinat­ions around new generation capacity, where it should be sourced, and how it should be procured.

Once that is done, he said, he’d need to collaborat­e with Mantashe on the procuremen­t process. He was also clear that Eskom, according to conditions attached to its R254bn support package from the Treasury, isn’t permitted to “enter the space of new generation”.

“So, essentiall­y, you have the liberalisa­tion of that space, you have to open it up to new market players The point is that the new generation is sitting with the minister of electricit­y,” he told Manyathela. “Once we determine what new generation is, if you say X percentage should come from coal and Y percentage should come from renewables solar, battery, PV, pump storage, nuclear So we determine what the mix is and say to the procuring minister [Mantashe], ‘procure according to the following’.”

At that point, he explained, the IPP Office gets to work, and those projects are connected to the grid, “to the extent that the required grid connection is available”.

What is crucial is that it is Ramokgopa, not Mantashe, who decides exactly what generation capacity needs to be procured. The IPP Office under Mantashe simply has to follow instructio­ns and implement those decisions.

This is particular­ly significan­t in terms of emergency power procuremen­t, where Mantashe has shown a preference for a 20-year deal with Turkish company Karpowersh­ip.

Ramokgopa is having none of it: he has publicly stated that South Africa doesn’t need to enter a 20-year commitment with any company for emergency power; three years is preferable and five is the upper limit. The FM understand­s this to tally with the position of Ramaphosa and other senior ANC leaders, including finance minister Enoch Godongwana. They’re only amenable to powerships in the short term, senior ANC leaders tell the FM.

As it is, the Karpowersh­ip deal has been held up by further negotiatio­ns around details, and debilitati­ng litigation which means it hasn’t yet reached financial close, according to Yelland.

Now, Ramokgopa’s powers allow him to make a new determinat­ion for powerships not just Karpowersh­ip for a short-term deal that isn’t hindered by the onerous litigation surroundin­g the 20year contract.

So, the Karpowersh­ip deal is still on the table, Ramokgopa told Manyathela, but “not in the form of 20 years. An emergency can’t be 20 years ... We will restart the process; we will renegotiat­e what’s been out in the market.”

Mantashe’s stubbornne­ss is not a simple thing and it’s not personal. We need to understand that the coal lobby is big in South Africa

The FM understand­s that despite the “compromise” struck over the energy department’s procuremen­t powers, Mantashe remains unhappy that he has been stripped of his key responsibi­lities.

Independen­t analyst Ralph Mathekga explains Mantashe’s attitude as follows: he has a preference for coal and fossil fuels, and is also apparently being pressured by the powerful coal lobby, including labour and politicall­y connected new entrants into the coal mining space.

“Mantashe’s stubbornne­ss is not a simple thing and it’s not personal,” Mathekga says. “We need to understand that the coal lobby is big in South Africa.”

While some are concerned that Mantashe could continue dragging his feet in pushing through reforms, Ramokgopa argues that, with his own powers now in place, there is simply no room for this.

Ramaphosa has also assigned Ramokgopa the task of communicat­ing to the public about the energy crisis, squeezing Mantashe out of that space too

at least in the short term. He has effectivel­y reined in Mantashe without outwardly appearing to do so.

Two years ago, Mantashe declared that Ramaphosa had “twisted his arm” when the president forced him to move on reforms to unleash private sector power projects. In effect, the president has done so once again.

Politicall­y, Ramaphosa appears to be indulging his mineral resources & energy minister. But with Mantashe’s procuremen­t powers signed over to Ramokgopa, the noose around his neck may slowly be tightening.

 ?? ?? What it means: Ramokgopa says Mantashe will oversee the ‘process’ of procuremen­t, while he will determine what needs to be procured, from where and how
What it means: Ramokgopa says Mantashe will oversee the ‘process’ of procuremen­t, while he will determine what needs to be procured, from where and how
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 ?? ?? President Cyril Ramaphosa
Sunday Times / Moeletsi Mabe
President Cyril Ramaphosa Sunday Times / Moeletsi Mabe

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