INTRODUCTION
1. The Government enacted Statutory Instrument 128 of 2026, namely the Electricity (Provision of Backbone Infrastructure) Regulations, 2026 (“the Regulations”). The Regulations were made by the Minister of Energy and Power Development in terms of section 65 of the Electricity Act [Chapter 13:19], after consultation with the Zimbabwe Energy Regulatory Authority (ZERA).

2. The Regulations establish a legal framework for the provision of electricity backbone infrastructure in new developments and define the duties of major stakeholders, including land developers, local authorities, the electricity utility/licensees, and property owners.

3. This article focuses on what the Regulations clearly provide, with minimal commentary, and explains the key obligations, approval processes, ownership outcomes, consumer connection principles, and enforcement provisions, concluding with the overall impact of the statutory framework.

KEY DEFINITIONS UNDER THE REGULATIONS (SECTION 2)

Backbone Infrastructure
4. The Regulations define backbone infrastructure as the high- and medium-voltage power distribution network necessary to connect individual low-voltage service connections.

5. In simple terms, backbone infrastructure is the main electricity network that delivers electricity to a development before electricity can reach individual homes or businesses. One may compare it to a national road network. Before one can drive into a residential driveway, there must first be highways and public roads connecting the neighbourhood to the rest of the country. Likewise, before electricity reaches a single household, there must first be major electricity infrastructure capable of transmitting power into the development.

Land Developer
6. A land developer includes any natural or juristic person involved in acquiring land, planning developments, servicing land, financing developments, subdividing land, or constructing housing/commercial projects for sale, lease or other disposal.

Licensed Electricity Utility
7. The Regulations identify the licensed electricity utility as Zimbabwe Electricity Transmission and Distribution Company (Private) Limited (ZETDC).

8. The Regulations recognise that the licensed electricity utility is the entity that ultimately holds ownership (as set out later in the Regulations).

Standard Connections
9. A standard connection exists where high-voltage or medium-voltage electricity infrastructure already exists within reasonable proximity to a development, such that additional backbone infrastructure is unnecessary before supply can be provided.

OBJECTS OF THE REGULATIONS (SECTION 4)
10. The Regulations set seven principal objectives, including:
a. regulating and facilitating electricity infrastructure in new/expanding developments in accordance with approved technical, safety and operational standards;
b. integrating new developments into the national grid through approval, inspection and certification procedures; and
c. ensuring coordination between stakeholders so that infrastructure is properly planned and connected to the existing network.

CORE OBLIGATIONS FOR LAND DEVELOPERS (SECTIONS 5, 7, 9, 10, 11)

Mandatory obligation to provide backbone infrastructure (Section 5)
11. Every land developer must provide electricity backbone infrastructure as an essential component of services to all stands/properties within the relevant development.

Components of backbone infrastructure (non-exhaustive list)

12. The backbone infrastructure shall include, but is not limited to, components such as:

– medium-voltage distribution lines;
– low-voltage distribution lines;
– transformers;
– mini-substations or feeder pillars where applicable;
– service connection points and metering-ready interfaces;
– trenching and cable laying;
– protective structures; and
– ancillary works required for safe and reliable supply.

Who bears the cost
13. Where the local authority is responsible for roads, water and sewer infrastructure, the land developer must, at its own cost, source materials and construct the backbone infrastructure.

Integration into approved development plans

14. Backbone infrastructure must:
15. be incorporated into the approved layout plan submitted to the local authority;
– be coordinated with the licensed electricity utility; and
– be compatible with existing or planned grid infrastructure before commissioning and handover.

No cost recovery from the utility
16. The cost of providing backbone infrastructure shall not be recoverable from the utility and is borne entirely by the land developer.

Consequences of non-compliance
17. Failure to comply with the Section 5 requirements renders the development non-compliant and exposes the developer to enforcement measures including:

• suspension of the development permit;
• revocation of the development permit;
• withholding of rates clearance or subdivision approval; and
• other penalties under the Regulations.

TRANSFER OF OWNERSHIP AND POST-HANDOVER RESPONSIBILITIES (SECTION 6)

Ownership transfer at no cost
18. Upon successful inspection and certification by the primary distribution licensee, the developer must transfer ownership of the backbone infrastructure to that licensee at no cost.

Operation and maintenance by the licensee
19. After formal handover and commissioning, the primary distribution licensee assumes full responsibility for operation and maintenance from that date.

Five-year warranty by the developer
20. The developer must provide a five-year warranty for the backbone infrastructure from commissioning.

Inspection within a prescribed time
21. The utility/licensee must conduct an inspection within fourteen working days after notification that the infrastructure is completed. If compliant, it issues a certificate of acceptance.

DEVELOPER PROCEDURAL OBLIGATIONS (SECTION 7)

Notice and submission of documents before commencing works

22. A developer intending to undertake electrical infrastructure development must:
– notify the primary distribution licensee in writing before commencing works; and
– submit required documents including surveyor-approved layout plans, physical copies, GIS soft copies in prescribed format, and obtain necessary approvals before commencing.


Wayleaves and easements
23. Developers must obtain and register necessary wayleaves and easements for:
– overhead power lines;
– underground electricity cables;
– substations;
– fused pillars;
– underground distribution pillars; and
– any other relevant electricity infrastructure, in consultation with the primary distribution licensee and by registration with the Deeds Office.

Use of registered consultants and contractors
24. All design, installation and construction must be undertaken only by consultants and contractors registered with the primary distribution licensee.

Rectification of defects
25. The developer must correct technical, procedural or safety defects at its own expense where the infrastructure fails to meet requirements necessary for energisation.
26. The Regulations also prohibit the developer from seeking reimbursement for such rectification from the primary distribution licensee.

Restriction on selling/disposing stands before compliance
27. No stand or property in the development may be sold, leased or otherwise disposed of until the developer demonstrates full compliance with the Regulations.

OBLIGATIONS OF THE PRIMARY DISTRIBUTION LICENSEE (SECTION 8)
28. The Regulations impose responsibilities on the primary distribution licensee to:
– assess proposed developments and determine electricity infrastructure requirements;
– assist developers with acquisition of wayleaves and servitudes;
– prepare and approve technical designs, specifications, bills of quantities and cost estimates;
– review and formally approve proposed infrastructure before construction begins;
– inspect works during construction; and
– assume responsibility for operation and maintenance after transfer.

ROLE AND ENFORCEMENT POWERS OF LOCAL AUTHORITIES (SECTION 9)
29. Local authorities must:
– assess proposed developments for compliance before granting development approval;
– issue development permits only where requirements have been met;
– maintain and share a register of permits; and
– enforce compliance through powers to suspend, revoke or withhold development permits pending corrective measures.

OBLIGATIONS OF PROPERTY OWNERS (SECTION 10)
30. Property owners remain responsible for paying approved electricity connection fees determined by the primary distribution licensee.
31. The developer is responsible for constructing the backbone infrastructure, while the property owner pays for connection of the individual premises to that infrastructure.

SUBDIVISION/CONSOLIDATION IMPACTS (SECTION 11)
32. Where electricity infrastructure crosses newly created boundaries after subdivision or consolidation, it may be necessary to relocate or reroute infrastructure with approval of the primary distribution licensee.
33. The cost of such alterations must be borne by the party initiating subdivision or consolidation.

INDEPENDENT DISTRIBUTION LICENSEES (SECTIONS 12–14)

Establishment and procurement (Section 12)
The Regulations allow for independent distribution licensees to distribute electricity in underserved areas.

34. Licences must be awarded through competitive procurement under the Schedule, promoting transparency, accountability, fairness and value for money.
35. Independent distribution licensees may perform functions including:
– electricity metering;
– billing;
– operation of infrastructure; and
– maintenance of infrastructure.

36. They may procure electricity from:
– the primary transmission or distribution licensee;
– independent power producers (IPPs); or
– their own generating facilities (subject to generation licence requirements).

37. Independent distribution licences are granted for renewable periods of 25 years.

Renewal/expiry continuity and handover

38. On expiry or non-renewal:
– the primary distribution licensee has a first right of refusal;
– if it declines, infrastructure may be transferred through another competitive bidding process, subject to valuation approved by the Authority.

OPERATIONAL OBLIGATIONS AND SERVICE STANDARDS (SECTION 13)
39. Independent distribution licensees must manage, operate and maintain infrastructure to ensure:
– safety of employees;
– safety of the public; and
– reliable supply of electricity.

40. They must:
– connect new customers; and
– respond to local outages and faults within approved performance standards.

41. They must develop and submit consumer protection standards focusing on customer service, complaint handling, connection procedures and consumer protection generally.
42. They must comply with national grid codes, distribution codes, technical guidelines, standard tariff structures and harmonised investment frameworks.

COSTING AND TARIFFS PROTECTIONS (SECTION 14)
43. Infrastructure must be managed with long-term operational efficiency and maintenance in mind.
44. Tariffs charged by independent distribution licensees must not exceed the standard tariffs charged by the primary distribution licensee unless approved by the Authority.

CONNECTION FEES AND STANDARD CONNECTION PROCEDURES (SECTIONS 15–16)
45. Connection fees are determined by the distribution licensee, must be approved by the Authority, and every person requiring a connection must pay the approved connection fees for meter installation and connection to the network.

46. For standard connections, where sufficient high- or medium-voltage infrastructure already exists within reasonable proximity, the primary distribution licensee must apply the standard connection procedure and additional backbone infrastructure is unnecessary.

OFFENCES AND PENALTIES (SECTION 17)
47. Any person who contravenes the Regulations commits an offence and is liable to:
– a fine not exceeding Level 5;
– imprisonment not exceeding six months; or
– both.

THE SCHEDULE (TO SECTION 12): PROCUREMENT DETAILS
48. Independent distribution licences are awarded by competitive tender under the supervision of the Authority. Evaluation criteria include:
– cost of executing the project (30%);
– technical capacity and competence (40%); and
– financial capacity (30%).

49. Licence conditions include:
– achieving financial close within six months;
– completing the project within twelve months after financial close;
– maintaining an approved customer charter; and
– complying with the applicable distribution code.

For assistance with matters relating to Energy and Infrastructure Development Law, including energy projects, power purchase agreements, renewable energy, infrastructure development, construction and engineering contracts, project finance, public-private partnerships (PPPs), procurement, regulatory compliance and related dispute resolution, kindly contact our Energy & Infrastructure Development Practice Group at info@mmmlawfirm.co.zw