Power Trip: Navigating the Legal Minefield of Electrical Installations in South Africa

Part 2: Playing with Fire: The Price of Non-Compliance

Introduction

In our first instalment, we walked through South Africa’s electrical safety laws – the rulebook designed to keep us all safe. Now, let’s talk about what happens when you decide those rules are more like suggestions. Spoiler alert: it’s not pretty.

Installing non-approved electrical equipment isn’t just about cutting corners to save a few rand. It’s like playing Russian roulette with your finances, your property, and potentially someone’s life. Let’s dive into the real-world consequences that await those who decide to roll the dice.

Fines and Penalties: When Saving Pennies Costs Pounds

Think those bargain electrical components were a steal? Wait until you see the bill from the authorities. Non-compliance with the OHS Act and EIR can hit your wallet hard. Also read our other posts regarding the OHS act here https://lectricnmore.co.za/2025/04/ohs-eir-sans10142-1/ and understanding the COC http://htt/2-demystifying-electrical-certificate-of-compliance-in-south-africa-your-essential-guide/. While the exact numbers depend on how badly you’ve flouted the rules, these fines aren’t designed to be a slap on the wrist – they’re meant to hurt.

And for those serial offenders or cases involving serious negligence, the consequences go beyond your bank account. Yes, we’re talking about the possibility of trading your home comforts for a prison cell. Still think that, that unlicensed electrician was a good deal?

Insurance Implications: Sorry, You’re Not Covered

Picture this: You’ve dutifully paid your insurance premiums for years. Then disaster strikes – an electrical fire ravages your home or business. You file your claim, confident that at least the financial burden will be eased. Then comes the crushing response: “Claim denied.”

Most insurance policies have a sneaky clause that requires you to comply with all relevant regulations. That non-approved electrical equipment you installed! It just voided your entire policy. Now you’re facing the full financial impact of the disaster with no safety net. That initial saving doesn’t seem so clever anymore, does it?

Liability for Damages: The Gift That Keeps on Taking

If your non-compliant electrical work injures someone or damages property, prepare for a legal nightmare. Civil lawsuits can result in compensation orders that dwarf whatever you saved by cutting corners. Add to that the legal fees for defending yourself, and you’re looking at a financial hole that could take years to climb out of.

Real-World Nightmares: When Theory Becomes Reality

The Rental Property Horror Story (Fictitious)

Meet Sipho, a landlord who thought he was being smart by hiring his cousin’s friend (not a registered electrician) to rewire his rental property on the cheap. Three months later, his tenant suffered severe burns from a faulty socket. The aftermath? Criminal charges for negligence, a massive civil lawsuit from the injured tenant, and an insurance company that effectively said, “Not our problem.” Sipho eventually lost not just the rental property but his own home too.

The Business Meltdown (Fictitious)

Then there’s Nomsa, who ran a successful small manufacturing business. To increase production, she installed some imported machinery that lacked proper SABS approval. When it overheated and sparked a fire, her entire workshop burned down. The insurance company investigated, found the non-compliant equipment, and rejected her claim. With no way to restart operations and outstanding loans on the equipment, Nomsa’s 15-year-old business closed its doors for good.

Legal Precedent: Dempsey v Ncube

The 2022 case of Dempsey v Ncube serves as a powerful legal warning to anyone cutting corners with compliance. The court found the defendant liable after a person was injured due to negligent electrical work carried out by an unqualified artisan. This ruling affirmed that even if you’re not the one holding the tools, you can still be held accountable for the work done on your property—especially when public safety is at stake. Property owners have a clear duty to ensure that only qualified professionals perform specialized tasks like electrical installations. Read more here.

Municipal Responsibility: The Enoch Mgijima Case

It’s not just individuals facing legal fallout—municipalities are also under the microscope. In recent legal proceedings, the Enoch Mgijima Local Municipality responded to infrastructure-related claims by raising technical defenses such as lack of causation, prescription (claims being time-barred), and denial of duty of care. However, legal experts have cautioned that hiding behind procedural technicalities won’t shield public bodies from accountability—especially where the Constitution mandates the delivery of safe, basic services like electricity. The message is clear: whether you’re a homeowner or a municipality, legal responsibility doesn’t get short-circuited by technical arguments. Read more here.

Electrical Machinery Regulations: Another Layer of Requirements

As if the OHS Act and EIR weren’t enough to keep track of, the Electrical Machinery Regulations add another layer of compliance needs, especially for businesses. These regulations focus specifically on the standards for electrical equipment and machinery and violating them carries the same painful consequences we’ve already discussed.

Conclusion

The math is simple: The few thousand rand you might save by cutting corners on electrical compliance is nothing compared to the hundreds of thousands (or millions) you could lose in fines, voided insurance claims, and liability payments.

In our next instalment, we’ll shift from the doom and gloom to practical solutions. We’ll explore how to stay on the right side of these regulations, focusing on working with registered professionals, choosing approved equipment, and implementing regular inspection routines.

Remember, when it comes to electrical installations, doing it right is always cheaper than doing it over – especially when “doing it over” might involve rebuilding after a fire or facing a judge in court.