LEGAL AND SECRETARIAL SERVICES (LSS)
ENERGY REGULATION BOARD’S 20 YRS ANNIVERSARY
WEEK LONG COMMEMORATION
Outline

Overview of the Department

Departmental Functions

Extended Regulatory Services to Regional Offices

Overview of the Regulated Industry

Regulated Industry Players per Sub Sector

How the Department achieves its objectives

Current programme supporting mandate

Innovations to enhance the Regulatory Process

Regional Collaboration

Achievements / Successes

Challenges

Future Outlook
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Overview of the Department
 Department of Legal and Secretarial Services
(LSS) is comprised of 8 members of staff as
shown in the organogram below.
 The Department is headed by the Director
Legal and Secretarial Services who is also the
Board Secretary.
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Overview of the Department Organogram
Director Legal and
Secretarial Services
(DLSS)
Personal Assistant
(PA - DLSS)
Manager Licensing
Legal Counsel
(ML)
(LC)
Licensing Officer
Licensing Officer
Legal Officer
Economic Analyst
Licensing
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Functions Of LSS
The following are the functions of the LSS:
 To provide legal advice to the Board and
Management, to ensure that the interests of the
Institution are protected;
 To advise the Board on all legal matters and
represent the Board in Courts of Law;
 To scrutinize and advise the Board on all Licence
applications;
 To review the enabling legislation, propose
amendments and recommend regulations for
enactment;
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Functions Of LSS Cont’d…
 To review contracts and agreements to which ERB
is a party;
 To review from a legal perspective internal
policies and procedures;
 To carry out enforcement action against noncompliant licensees;
 To draft and file legal documents at court;
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Functions Of LSS Cont’d…
 To interpret legislation and policies;
 To facilitate the holding of all Board and
Committee meetings;
 To compile and distribute Board papers to be
discussed at Board Meeting; and
 To keep official records of the Board for all Board
and Committee meetings;
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Extended Regulatory Services to
Regional Offices
 The Department’s
main operations
centralized at Head Office in Lusaka.
are
 However, legal and regulatory services (such as
licensing, enforcement and legal services) are
extended to regional offices in order to achieve
country-wide presence.
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Overview of the Regulated Industry
Regulated activities in the energy sector include
the following sub-sectors:
 Electricity
 Petroleum; and
 Renewable Energy
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Regulated Industry Players
Per Sub Sector
Regulated Industry players are categorized by Sub Sector,
nature of undertaking and type of Licenses for each Sub
Sector;
Petroleum Products
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Regulated Industry Players
Per Sub Sector
Electricity
Renewable Energy
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How The Department Achieves Its
Objectives
Departmental objectives of LSS are achieved as
follows: Ensuring strict adherence to yearly departmental
work-plan and performance contracts;
 Ensuring strict adherence to laid down procedures;
 Timely review of legislation, regulations, guidelines,
operational manuals and licences in line with new
developments in the energy sector;
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How The Department Achieves Its
Objectives Cont’d
 Implements the Licensing and Enforcement
Procedures (Manuals).
 Timely enforcement of Licence conditions and
contraventions of the law, against noncompliant licensees and others;
 Constant update of the licensing database for
the energy sector;
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How The Department Achieves Its
Objectives Cont’d
 Conducting due diligence on all applicants before
issuance of licences.
 Timely publishing of applications in the Gov’t
gazette to allow for public comments in line with
the provisions of the Energy Regulation Act.
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Current Programme Supporting
Mandate
• Review of all licenses in the energy sector;
• Review of legislation applicable to the energy
sector (Electricity, Energy Regulation and
Petroleum Acts);
• Development of the Management Information
System to simplify the licensing workflow
processes.
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Innovations to enhance the
Regulatory Process
 Conducting simultaneous assessment of licensing
applications (technical and financial assessments) in
order to reduce on processing time;
 Introduction of inter-departmental service level
agreements and service charter;
 Stakeholder engagement relating to regulated
activities;
 Provision of information to potential investors
through brochures, website, meetings, walk-in
clients etc.
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Regional Collaboration
 RERA legal subcommittee
 Regulators from other regional groups
 Collaborate with other Govt agencies through
MoUs, information sharing (such as RTSA,
ZEMA, CCPC, ZWMA, ZABS)
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Achievements / Successes
 Increased compliance rates by licensees due to
consistent enforcement of Licence conditions;
 Predictable and consistence through issuance of
provisional and quarterly issuance of Standard
Licenses;
 Simplified licensing procedures and light handed
regulation for certain activities in line with the
Business Regulatory Act (i.e. combining of certain
licenses for specific regulated activities and
simultaneous assessment of licence applications;
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Achievements / Successes
 Collaboration with other Government agencies
and other stakeholders;
 Facilitation of entry of new investors in the
energy sector through issuance of Licenses
and Investment Endorsements (IEs);
 Effective provision of policy guidance to
Government on energy regulatory matters and
other issues relating to the energy sector;
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Challenges of LSS
 Incomplete
applicants;
licensing
information
submitted
by
 Delayed submission of Licence renewal applications;
 Monopolistic tendencies by state owned enterprises
(non-compliance to Board directives and licence
conditions);
 Thirty (30) days Legal Notice/Govt Gazette
requirement lengthens the time within which licence
is issued; and
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Challenges Of LSS
 Gaps in the existing Legislation thereby
making it difficult for LSS to effectively enforce
Licence Conditions and the law (no summary
civil penalties expressly provided);
 Inadequate capacity to investigate and take
action against unlicensed entities operation in
the energy sector;
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Future Outlook
 Online processing of Licenses;
 Robust legislative framework to enhance
regulatory mandate;
 Shortening the processing time for licence
application;
 Open up some Board regulatory meetings to
members of the public to enhance
transparency;
 Decentralization of the workflow licensing
processes to the regional offices.
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End
THANK YOU
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