Please read this article if
the property you sold or is in the process of selling has an electrical fence.
On 1 October 2012 Health
and Safety Regulations (the “regulations”) issued in terms of the Occupational
Health and Safety Act (1993) became enforceable.
In terms of the
regulations the seller of any property transferred on/after 1 October 2012 and
which has an installed electrical fence, is obliged to supply the purchaser
with an Electrical Fence System Certificate of Compliance (“EFCOC”).
An EFCOC must be issued
by a person with sufficient knowledge of safety standards applicable to
electrical fences and he/she must be issued with a certificate of registration
by the Department of Labour.
I made contact with
various electricians who in the past few weeks attempted to obtain
certification from the Department of Labour. They were unable to do so. I was
informed that the Department of Labour does not have forms available, does not
have knowledge of the process and no staff members have been assigned to deal
with certification.
I then consulted with the
CEO of the Electrical Contracting Board of South Africa (Mr Tony McDonald) who
informed him that at present neither a registered electrician nor anyone else
is able to register with the Department of Labour and it is therefore
impossible to obtain a valid EFCOC.
This however does not
mean that the legal obligation of a seller to supply an EFCOC to a purchaser
lapses. This clearly creates an untenable situation for which there is
presently no solution.
As this issue develops
and unfolds, I shall endeavour to keep you informed on this blog.
There seem to be other
issues regarding electricians as well in that the duty to govern electricians
and manage the process of their registrations has been taken away from the Electrical
Contracting Board of South Africa and given to the Department of Labour.
Obviously the Department is not able to manage this process either and the country may itself in 2013 without any
registered electricians. The story is presently being investigated by the major
news groups and should break within the next few days.
