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Strategic Guide

Section 78 Process Navigation, Debt Relief Optimization

Energy Infrastructure Investment Strategy

Integrating SSEG, Virtual Wheeling, and DDSM Programs with Eskom Debt Settlement and BESS/PV Optimization

CONFIDENTIAL | Prepared: 26 March 2026

The Problem

Critical financial and operational challenges

Tariff Misalignment Crisis
NERSA Target Margin60%
Actual Margin19.6%

40.4 percentage points below target

Monthly Cost Shortfall
Current Bulk CostR10.1M
Target Bulk CostR4.0M

R33.6M

Monthly shortfall across inter-service dependencies

Outstanding Eskom Debt

The municipality faces outstanding debt to Eskom and has been offered participation in the National Treasury Municipal Debt Relief program.

Debt Relief Program at RiskLicence Revocation Risk

Why Section 78?

Strategic opportunity, not just compliance

Section 78 is NOT:

  • A licence revocation mechanism
  • Automatic transfer of electricity service
  • Surrender of municipal constitutional duties

Section 78 IS:

  • A strategic tool to define service outcomes
  • Framework to set non-negotiable DAA requirements
  • Legal mechanism to protect SSEG & affordability programs
  • Opportunity to embed governance structures

Strategic Advantage: By completing Section 78 before finalizing the DAA, the municipality can embed SSEG continuity, virtual wheeling enablement, and evening-peak DSM into the governance structure—ensuring affordability interventions and debt relief compliance work in concert.

Four Strategic Imperatives

Interconnected objectives for success

Debt Settlement & Financial Sustainability

Settle all current Eskom debt through Municipal Debt Relief program with strict 30-day payment discipline

Service Delivery Continuity

Maintain uninterrupted electricity service while enhancing quality and affordability

SSEG Program Protection

Protect existing SSEG program from disruption under any external service delivery arrangement

Alternative Revenue Generation

Establish new revenue streams through virtual wheeling and evening-peak DSM programs

Proposed Process Timeline

22-week implementation roadmap

1
Phase 127 March 2026CRITICAL DEADLINE

Emergency Council Resolution

Council resolution accepting DAA alternative and committing to Section 78 process

2
Phase 2Weeks 1-2

Section 78 Preparation

Establish project team, conduct internal assessment, define service requirements

3
Phase 3Week 3

Stakeholder Notification

Publish public notice, notify organised labour, announce consultation schedule

4
Phase 4Weeks 4-6

External Options Assessment

Assess DAA option costs, benefits, capacity and community impacts

5
Phase 5Weeks 7-10

Community & Labour Consultation

Conduct public meetings, receive submissions, compile consultation report

6
Phase 6Weeks 11-12

Council Decision

Finalize Section 78 report, obtain council resolution on DAA

7
Phase 7Weeks 13-20

DAA Negotiation

Negotiate with Eskom embedding all service requirements into agreement

8
Phase 8Weeks 21-22

Final Approval & Execution

Council approval, DAA execution, submission to National Treasury by 1 Sept 2026

Strategic Outcome
The intended result of successfully executing this strategy

A structured DAA that maintains municipal licence-holder status, preserves SSEG program operations, enables virtual wheeling revenue opportunities, implements evening-peak DSM for cost reduction, and satisfies National Treasury debt relief conditions—creating a sustainable path forward that protects municipal interests while meeting all stakeholder requirements.

Debt Write-OffOperational SupportSSEG ProtectionRevenue GenerationService Continuity