The President has signed into law the Independent Communications Authority of South Africa (ICASA) Amendment Act, 2013 and the Electronic Communications (EC) Amendment Act, 2013, both on 7 April 2014. The ICASA Amendment Act will come into force on a date to be set by the President and the EC Amendment Act on a date or dates to be set by the Minister of Communications.
Many of the amendments appear to be intended to clear up procedural difficulties in the primary legislation, which has
hampered ICASA's functioning in the past.
In addition, the ICASA Amendment Act -
- provides that ICASA is responsible for conducting studies and making recommendations to the Minister in respect of the Electronic Communications and Transactions Act
- sets out some that should assist in the order of business of ICASA and transparency such as the necessity to meet at least once monthly and to record and publish minutes of meetings
- increases penalties for offences
The EC Amendment Act -
- provides that the Minister is responsible for making guidelines for spectrum fees
- provides that draft regulations must be provided to the Minister prior to ICASA making regulations
- provides that the Minister must issue policy and policy directions in respect of rights of way within 12 months and ICASA must make regulations in line therewith within 18 months of coming into force of the Act
- requires the Minister to establish a National Broadband Council
- extends e-rate provisions to public health establishments
