Challenge to petroleum regulations




DEARSA TAKES ACTION AGAINST REGULATIONS PROHIBITING THE SALE AND DISPENSING OF PETROL AND DIESEL INTO CONTAINERS

DearSA has instructed its attorneys to notify Minister Gwede Mantashe that should an amendment to regulations prohibiting the sale and dispensing of petrol and diesel into containers not be withdrawn, legal action will be taken.

The letter highlights adverse consequences caused by a lack of public participation in drafting the regulations and requests the amendment be reconsidered.

Although not a formal legislated requirement, the regulations were published without proper public participation or engagement with interested and affected parties. This omission is procedurally unfair, irrational and unreasonable as the amendment is not logically connected to the purpose it sets out to achieve.

“Several less restrictive and disruptive means could and should have been considered. The purported reason for the regulations is to mitigate disruptions in the supply of petrol and diesel and to prevent ‘hoarding,’ says Daniël Eloff, DearSA’s attorney.

While this rationale is understood against the current civil unrest and looting backdrop, the amendment to the regulations is not an appropriate way to achieve the purpose. Furthermore, the amendment is rushed, unrefined, not nuanced, not well thought out and, therefore, exceeds the bounds of reasonableness.

DearSA urges the Minister to repeal the amendment to the regulations. Alternatively, the amendment is rendered less restrictive by carving out a list of exceptions after giving the public adequate time to make presentations and deliver commentary on the proposed regulation.

DearSA has requested a written response to the request no later than the close of business on 19 July 2021.

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HAVE YOUR SAY – 40 comments so far

    Do you support this Amendment to the Petroleum Act Regulations?

    What is your top concern? (view details in notice above)

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    LATEST COMMENTS

    first-name
    decision
    top-concern
    message
    legal
    Louis
    No I do not
    The amendment in its entirety
    1) The amendment, viewed in its entirety, fails to address the purpose for which it was (probably) intended, i.e. to safeguard our fuel reserves.
    2) The wording and definitions of the amendment are unfortunate, vague and unreasonable.
    3) The amendment does not recognise its practical consequences, such as citizens who rely on hoarding fuel for work, living and recreational purposes.
    4) It would have been more sensible to place a restriction on the quantity of hoarded fuel.
    5) In close, this is just another example of poorly considered legislation for which the ANC government has become known.
    Yes I do
    Howard
    No I do not
    The amendment in its entirety
    How is one supposed to fill generators with petrol? Has the Minister thought about this? OR is it just one of those knee-jerk reactions that this ANC government is famous for? Remember, it is this very same government that has made us resort to the use of generators because they have run Eskom and its capacity to produce electricity to the ground!!!
    Yes I do
    Lawrence
    No I do not
    Inadequate public consultation
    Many people across this country use petrol and diesel equipment in many forms.
    How are we supposed to get petrol for our machinery eg: petrol lawn-mower or weedeater? I'm not filling up a 200ltr tank or some other rediculous supply. It is for usual week-to-week work. Anyway, where is the harm in having a few litres petrol or diesel in backup? Do you but sugar after it's run out or do you buy a packet before your current packet empties?
    Yes I do
    Charmaine
    Not fully
    The amendment in its entirety
    As a South African, my first concern is lack of consultation with the general law abiding public.
    Secondly,the practicalities of filling your lawnmovers and petrol driven equipment.Every time you mow your lawn you have to take the mower to the petrol station.What happens when you run out of fuel?These things do happen so it os no use saying that we must plan better.Bills need to be thought through before oassing it as law.
    Yes I do
    Greg
    No I do not
    The amendment in its entirety
    No I do not
    Elizabeth
    No I do not
    The amendment in its entirety
    It is clear that the due process of engaging stakeholders that this amendment would affect was not done. The implication of this on numerous businesses was not considered at all. Businesses that rely on generators for electricity supply during power outages (scheduled or unscheduled) would be severely impacted. Farmers cannot drive their tractors to a filling station. Warehouses cannot drive their forklifts to a filling station. Garden services cannot fill their two-stroke equipment directly from the pump. This should not become a regulation in any form.
    Yes I do
    Rebecca
    Not fully
    The amendment in its entirety
    Even though I think that this bill could make SA a safe place making rioting and burning things down harder, I do not agree with preventing "hoarding".
    Zimbabwe would be untenable if this bill was passed there. There is nothing wrong with hoarding, it's only a problem when everyone decides that they all need to panic buy and hoard at the same time.
    Many people use generators and need containers to get petrol into containers. Some people work on vehicles and need to get petrol or diesel into them from containers.
    I feel like this is a very draconian bill to try pass and it's poorly thought out.
    Yes I do
    Ryan
    No I do not
    Inadequate public consultation
    The public must have a right to store diesel/petrol for personal use for lawnmower use,emergency generators due to load shedding risk as well as for offroad trips 4x4 where access to diesel is limited or none existent. or for breakdowns in areas where one runs out of fuel unintentionally
    Yes I do
    Gordy
    No I do not
    The amendment in its entirety
    Wisdom and understanding of what the consequences are for the poor and needy whom are now suffering enough. We all have lost do much and that, that we can do for others becomes less and less as laws are set in place that sound like sweet candy but are actually candy coated rat poison as behind these laws is always it seems a secondry agenda, these really serve no real purpose when considering the economy of our country, It is the rich get richer and the poor poorer but not only in wealth.And wealth defined in our country is having food and raiment. A warm blanket and yes petrol for the generators used in many middle and lower income working class and self supported citizens using any and all resources to earn the best existence possible. Lets give it some thought and agree that in business no matter the size of that business it matters not if it be one man owned or more than one employing our people that the equipment, machinery used takes diesel or petrol, how do we conclude there may be none sold in containers. We appeal to the gouverment to considder there wisdom and love 9ur wonderful rainbow nation that we love with all our hearts aswell as all our people. Every last one. Give our country the love and respect it deserves by serving the interests of all our people and being the servants of our people in love and humility without malice and without greed and without covetousness we humbly ask. We love our people our nation and those in government on all sides and ask for the peace of God that surpasses all understanding to be present in us all that we may be the South Africa that all our people deserve.
    Yes I do
    Clyde
    No I do not
    The amendment in its entirety
    This has not been thought out properly and should be shelved until some rationality has been applied and full public consultation is allowed.
    Yes I do