Another attempt to unscramble the egg - Two new ministries for electronic communications revisited

Posted by LA Thornton on Monday, December 8, 2014
On December 2 2014, the President published a proclamation re-assigning the administration of powers and functions of the ICASA Act and EC Act to the now separate Ministry of Communications and Ministry of Telecommunications and Postal Services.

This new attempt to unscramble the egg is a far better attempt than the original notice.  However, difficulties remain. 

ICASA Act

The MoC has the authority in terms of section 14A of the ICASA Act to approve the appointment of experts by ICASA (in cert...
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Licence Transfers of Control (and BEE) - More Confusion?

Posted by LA Thornton on Monday, December 1, 2014
On 27 November 2014, ICASA gave notice that it had accepted an application for the transfer of control of the service (and spectrum) licences of the subsidiaries of Business Connexion Group Ltd to Telkom SA SOC Ltd. 

ICASA stated that the application was submitted in terms of section 13 of the EC Act, which concerns service licences.  No reference was made to the provisions of the EC Act concerning spectrum licences.

ICASA stated in the notice that it has"published a notice on 10 October 2014 ...
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ICT Law in South Africa - 2014 in Review

Posted by LA Thornton on Wednesday, November 26, 2014
Go here for an analysis of ICT policy, legislation and regulation in South Africa in 2014.

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Re-imagining Policy for ICTs (and broadcasting)

Posted by LA Thornton on Tuesday, November 18, 2014
On 14 November 2014, the Minister of Telecommunications and Postal Services published the 299 page National Integrated ICT Policy Discussion Paper.  Comments are due by 15 January 2015.

The paper covers a wide range of issues.  Below is the outline of the Paper presented in its introductory chapter.

Key Principles and Approaches - identifies key principles and issues that affect all ICT related sectors, including core regulatory principles, green ICT policies and approaches to ensuring an open ...
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Licence transfers and BEE - ICASA notice raises more questions than answers

Posted by LA Thornton on Tuesday, October 14, 2014
On 10 October 2014, ICASA published a warning to iECS and iECNS licensees that transfer applications will not be approved "which do not have 30% equity ownership by HDGs", if filed after the publication of the warning.

Questions:

Will applications submitted prior to 10 October 2014 that do not have 30% equity ownership, be approved?

Does the warning amend the Licensing Process and Procedures Regulations, 2010, which state that ICASA has the authority to not approve (or approve) transfer applicat...
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Electronic Communications Law and Policy in SA

Posted by LA Thornton on Monday, September 22, 2014
The book, Electronic Communications Law and Regulation in South Africa, is a new online collaborative project.  Learn more here.
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Two new Ministers for electronic communications revisted

Posted by LA Thornton on Friday, July 18, 2014
On 25 May 2014, the President established the new Ministries of Telecommunications and Postal Services and  Communications. 

The Communications Ministry is, according to the President's media statement, to be responsible for communication policy and strategy, information dissemination and publicity, and branding SA abroad, and "will be formed out of" ICASA, the SABC, GCIS, Brand SA and the MDDA. 

On 26 June 2014, the President announced the establishment of the following ministerial cluste...
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Electronic Communications Amendment Act, 2014

Posted by LA Thornton on Friday, July 11, 2014
On 7 April 2014, the President assented to the Electronic Communications Amendment Act, 2014 (EC Amendment Act).  It came into operation 21 May 2014.  A number of the amendments eliminate anomalies that existing in the previous version of the legislation. Those are not detailed here.  The more substantive changes include the following.
Individual service licences

Licensing

The following language is deleted from the individual service licensing provisions:  “In consideration of the implementati...
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ICASA Amendment Act, 2014

Posted by LA Thornton on Friday, May 30, 2014
On 7 April 2014, the President assented to the Independent Communications Authority of South Africa Amendment Act, 2014 (ICASA Amendment Act).  It came into operation 10 May 2014.  Some of the provisions that are noteworthy include the following.

Extended scope of ICASA - Electronic Transactions
ICASA regulates the electronic communications industries, including telecommunications and broadcasting.  In 2006, its role was expanded to postal matters.  The Amendment Act again expands the role of I...
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Two new Ministers for electronic communications

Posted by LA Thornton on Thursday, May 29, 2014
The President announced, on 25 May 2014, the establishment of the Minstry of Telecommunications and Postal Services and the new Communications Ministry to be responsible for communication policy and strategy, information dissemination and publicity, and branding SA abroad. 

Dr Siyabonga Cwele is the Minister of Telecommunications and Postal Services and Ms Hlengiwe Mkhize the Deputy Minister.

Ms Faith Muthambi is the Minister of Communications and Ms Stella Ndabeni-Abrahams the Deputy Minister...
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