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Thami Nompula MBA Dissertation March 2007 - Rhodes eResearch ...

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1.2 The Importance of Regulation in the Modern Economy<br />

Regulation means government’s direct or indirect control of an enterprise’s activities in a<br />

particular sector of the economy (World Bank, 2001). Regulation can be economic, technical and<br />

social (World Bank, 2001). Economic regulation is primarily concerned with the price of<br />

monopoly elements of energy, the financial conditions of the utilities, their operating and<br />

investment decisions and the necessary conditions for competition (Baldwin and Cave, 1999;<br />

World Bank, 2001). Technical regulation focuses on the operational and engineering aspects of<br />

an enterprise or grid operation such as safety, reliability and quality of supply and customer<br />

service. Social regulation is concerned with the health and environmental standards that minimise<br />

degradation of the planet (World Bank, 2001). Regulation is therefore necessary to provide<br />

protection and support to a diverse range of stakeholders in a given sector. This will enable tariffs<br />

to be aligned closer to the cost of supply, create and maintain a climate conducive for investment.<br />

These, in turn, promote transparency in the regulatory processes to minimise regulatory risks,<br />

protect customers and ensure efficiency in utility operations and industry sustainability.<br />

According to Baldwin and Cave (1999) there are six major reasons why regulators are appointed<br />

in a given sector of the economy. First, to prevent market failure that ensures that the industry is<br />

sustainable. For example, in 2002 the Banks Regulator decided to liquidate Saambou Bank but<br />

rescued BOE Bank to ensure confidence in the banking sector. Such interventions help provide<br />

investors with a predictable business environment. Secondly, to protect consumers from anti-<br />

competitive practices by powerful operators which lead to monopolistic dominance and price<br />

distortions (Baldwin and Cave, 1999; World Bank, 2001). Thirdly, regulators overcome<br />

information asymmetry problems by, for instance, instructing food manufacturers to provide<br />

nutritional information on food products. Fourthly, they sustain and ensure public confidence<br />

about service providers such as the role played by the South African National Standards (SANS)<br />

in certifying that certain products meet stringent quality standards or the nuclear safety assurance<br />

role of the National Nuclear Regulator (NNR). Fifthly, to meet the socio-economic objectives of<br />

government such as making telephony and energy accessible and affordable to all citizens.<br />

Finally, to promote equal opportunity by regulating the barriers to entry and to exit in certain<br />

markets in order to stimulate competition and choice.<br />

2

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