Clean Air, Health and Sustainable Energy Supplies are your constitutional right

November 9th, 2009 | Categories: News | Tags: none

Developed countries have tendencies to enact laws dedicated to improving our quality of life through better safety, standards, regulations, etc. These laws are generally viewed as integral to the smooth running of an advanced and civilized society.

For example, the law requiring seat belts to be worn: this is not generally viewed as a law that infringes on our personal rights, but rather a law that aims to prevent loss of life and injury.

During the Minister of Energy’s Solar Water Heating Conference that took place November 5th 2009, at the Indaba Hotel, the constitutionality of implementing a solar water heater obligation was debated.

A disturbing yet prevalent point of view was voiced during the discussion that “it would be very difficult to get it changed (that perhaps it would be unconstitutional to tell people what they may or may not do with their own houses), and was concerned that perhaps the industry is not at a point to either be able to deliver, or enforce, if it were made law”.

While these comments seem sensible, they are actually quite troubling, and here is why:

Good governance. It implies that the government has no right to regulate building codes in the interest of society. This is in contradiction with norms in the construction industry. Almost everything in the construction industry is regulated, from the types of facades, aesthetics, safety and more. Regulations regarding energy use in buildings make just as much sense as regulations regarding façades, and it can be argued that they are even more necessary for the betterment of society due to the dire state of our country’s energy infrastructure.
Justice. Parliament creates laws in order to create a better society for its citizens. Shouldn’t we allow Parliament to decide whether alternative energy laws are needed in order to benefit society at large especially if there is such a broad support for renewable energy across the political spectrum and across all other society groupings, ethnic, language, color, race etc. How can we deprive society of cleaner air, better health, more prosperity to a broader group of citizen?
Ethical. Is it ethical that South Africa allows people to heat their Jacuzzis, swimming pools, showers, washing, etc. in upper income households without any limits using an extremely scarce resource such as electricity while as a result of this excessive and wasteful use of a scarce resource, children in low income households do not have electricity to power a simple light bulb that may enable them to complete their matric exams, or streets in the townships don’t have lighting and as a result crime rates for crimes such as rape, violent robbery and assault continue to rise? The moral argument for renewable energy has been taken up by The Archbishop of Cape Town Thabo Makgoba who urged Eskom to “show bold leadership and consider changing its direction towards renewable sources of energy”. He said “Questions raised by many in the public arena remain unanswered – questions about renewable energy and whether or not Eskom intends to move in that direction in a deliberate manner”. He has asked state-owned utility Eskom to put a stop to plans to build more coal-fired power plants and invest in renewable energy instead after the recent resignation of Eskom’s CEO Jacob Marago.
Economic. As many studies have shown both in South Africa and around the world, (see for example: http://cleanedge.com/jobs-insight/) solar water heating offers a net benefit to the economy through reduced import expenditures on oil and other more sophisticated equipment that powers our national grid, replacing these imports with locally made solar water heaters thereby creating jobs for thousands. Building an equivalent sized coal, nuclear or diesel based power generation is between 10 and 50 times more expensive.
Arrogance. Many other countries have enacted laws related to alternative energy use, like Mexico, Greece/Cyprus, Barbados, Hawaii, Spain, Israel, Germany, Italy, Ireland, Portugal. Does this mean that these countries are enacting building codes that are unconstitutional?

Clearly it would be preferable if people adopted the use of solar water heating freely and without legislation, however as we have seen both in South Africa and around the world, if left to their own devices, citizens usually choose the cheapest, lowest risk (and most selfish) alternative.

In particular, South Africans have zero incentive to opt for alternative energy solutions due to the highly subsidized coal-based electricity grid where the average citizen pays only a third of the real cost of electricity and in some cases receives this electricity for free. Unfortunately, citizens are unaware of the economic toll that coal-generated electricity puts on all of our society: increased taxes, inflation, subsidizing of fossil fuels, increased health costs, and reduced availability of the electrical grid. These costs are estimated to come to R2 billion per day.

The concern that “…perhaps the industry is not at a point to either be able to deliver, or enforce, if it were made law” is clearly out of place. There is ample talent, desire, human capital, political will, financial resources within South Africa and amongst various international private and public institutions willing and eager to support the development if a vibrant and large South African Solar Water Heating Industry. What is missing is clear regulation.

Proposal

What is needed is a clear act of parliament to enact the already drafted legislation mandating all new houses larger than 500 square meters or worth more than R700,000 be fitted with a solar water heater, or that any burst electrical geyser must be replaced by a combined electrical-solar geyser. If implemented today, this market would immediately create a massive solar water heater industry overnight and initiate one of the largest solar water heater installation programs the world has ever known.

According to DBSA, Renewable Energy Market Tranformation Program Director, Yaw Afrane Okese, these specific market sectors are worth approximately 660,000 units and accordingly the Minister of Energy the Government is proposing to install 1 million systems by 2014. This means each day the decision to enact such a law is delayed the opportunity to install 530 units is lost (assuming the industry installs every day for the next five years). This type of legislation would cost the tax payer nothing and end users approximately R10,000 per unit on average. Considering that this type of program is focused on the middle to upper income levels who earn more than R16,000 per month, this represents a maximum of 5% of such a household’s annual income. The result would probably mean that this type of household would obtain a net benefit of improved electrical grid reliability which would improve their livelihoods and quality of life.

In conclusion, for the reasons described above, the government would be wise to urgently revise its organizational structure and resources in a way that will support the development of renewable energy in South Africa and start by implementing a solar water heater regulation for new buildings and burst geysers immediately.

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