Abstract

Over 90% of Uganda's power is generated from renewable sources. Standardised Implementation Agreements and Power Purchase Agreements create a long-term relationship between Generating Companies and the state-owned off-taker guaranteed by Government. The COVID-19 pandemic and measures to curb the spread of the virus have triggered the scrutiny and application of force majeure (FM) clauses in these agreements. This article reviews the FM clauses and considers their relevance. The authors submit that FM clauses are a useful commercial tool for achieving energy justice by ensuring the continuity of the project, despite the dire effects of the pandemic. Proposals are made for practical considerations for a post-COVID-19 future which provides the continued pursuit of policy goals of promoting renewable energy sources and increasing access to clean energy, thus accelerating just energy transitions.

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