Legal 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that should an amendment to regulations prohibiting the sale and dispensing of petrol and diesel into containers not be withdrawn, legal action will be taken.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.