SUB-SECTOR |
POLICY INITIATIVE |
SECTOR-SPECIFIC LEGISLATION |
COMMENT |
ELECTRONIC COMMUNICATIONS |
2007
Minister’s policy directions to ICASA issued by the DOC, Government Gazette 503, No. 29923, General Notice 459 |
2007 |
Introduced by the Minister of Communications in relation to a variety of matters including mobile broadcasting, international submarine cables, essential facilities, VANS licensing, emergency numbers, spectrum awards, licensing and USALs. ICASA has since created regulations to deal with essential facilities, emergency numbers, and licensing. The Minister has herself issued a regulation in relation to international submarine cables. |
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Broadband Infraco Act 33 of 2007 |
These Acts were recently passed to give effect to the desire of government to promote and support affordable broadband access, by transferring assets belonging to ESKOM and Transnet to a new state-owned company called Infraco, together with various broadband backbone infrastructures, for exclusive sale to Neotel. Amendments were required to create a new category of licence for state-owned entities to permit licensing of Infraco without delay. |
|
ECA Amendment Act of 2007 |
ELECTRONIC COMMUNICATIONS |
2006 |
2006
ICASA Amdendment Act 3 of 2006 |
Amendments to extend ICASA’s powers and the role of the Minister in relation to ICASA, brought about by the introduction of the ECA and the trend towards convergence of broadcasting and telecommunications services and technology. The amendments also brought postal services within the ambit of ICASA’s authority. |
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Postal Services Amendment Act 22 of 2006 |
2005
Minister’s policy directions to ICASA in terms of the Telecommunications Act 103 of 1996, to liberalise the resale market and extend the powers of VANS and private telecommunications operators to resell spare capacity and self-provide certain facilities. |
2005 |
The directions resulted in modifications to the Telecommunications Act, in force at the time, by determining the dates on which certain restrictions on resale and self-provision fell away. |
|
Electronic Communications Act 36 of 2005 |
This new law repealed the IndependentBroadcasting Authority Act of 1993, parts of the Broadcasting Act 4 of 1999, and the Telecommunications Act 103 of 1996, and introduced new guidelines for the issuing of policy and policy directions by the Minister and the issuing of regulations by ICASA. |
ELECTRONIC COMMUNICATIONS |
2004
Position Paper by ICASA on the regulation of subscription broadcasting under the IBA Act of 1993 and Broadcasting Act of 1999 |
2004 |
Regulations were published by ICASA confirming the types of conditions applicable to subscription broadcasters for channel authorisation. |
2002
Position Paper published by ICASA on ownership and control of broadcasting services and existing commercial sound broadcasting licences |
2002 |
ICASA published a paper which formed the basis of a recommendation made to Cabinet to amend the then Broadcasting Act 4 of 1999, but this was not taken into account and the status of this recommendation is not known. Had it been passed, it would have amounted to a policy shift in this area. |
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Electronic Communications Security (Pty) Ltd Act 68 of 2002 |
This law created a company to provide electronic communications products for security purposes to the State. |
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The Regulation of Interception of Communications and Provision of Communications-Related Information Act 70 of 2002 |
This law created rules regarding the interception of private and public communications over the internet or any telephone, mobile or fixed. |
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Media Diversity and Development Agency Act 14 of 2002 |
This Act is intended to create a body with authority to charge and collect levies from media entities. |
ELECTRONIC COMMUNICATIONS |
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Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communications Act 19 of 2002 |
This Act is not of direct application but could nonetheless be relevant in relation to the objectives of the ECA and MDDA Acts |
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Electronic Communications and Transactions Act 25 of 2002 |
This important Act deals with electronic transactions in the main, but as set out in the body of our report, there are a number of areas of overlap here with the ECA. |
2001
Policy direction by the Minister under the Telecommunications Act 103 of 1996 |
2001 |
The Minister issued guidance to telecommunications licensees in terms of laws now repealed. |
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Postal Service Amendment Act 33 of 2001 |
|
2000 |
2000
Independent Communications Authority Act 13 of 2000 |
This Act created ICASA by merging the then regulatory authorities for each of telecommunications (SATRA) and broadcasting (IBA). |
1999 |
1999
Broadcasting Act 4 of 1999 |
This Act came into force following extensive public consultations started under the auspices of the IBA Act in the mid 1990s. Parts of it have been repealed by the ECA. |
ELECTRONIC COMMUNICATIONS |
|
Sentech Amendment Act 44 of 1999 |
This Act amended the legislation creating Sentech, a government-owned entity formed to distribute broadcasting signals, carry broadcasting content, and carry out other multimedia activities on an exclusive basis. |
1998
Global Mobile Personal Communications by Satellite |
1998 |
This policy document was issued by the Minister in relation to GMPCS services, a mobile service conveyed by satellite. |
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Postal Services Act 124 of 1998 |
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INFORMATION TECHNOLOGY |
2002
|
2002
State Information Technology Agency Amendment Act 38 of 2002 |
No policy initiatives can be located in relation to IT specifically. Many laws governing this sector pre-date the time period considered for this report, and many more have been subsumed by the ECT Act. |
2001 |
2001
National Council for Library and Information Services Act 6 of 2001 |
|
|
Patents Amendment Act 10 of 2001 |
This law has indirect application because many IT and electronics inventions are patented. |
1998 |
1998
State Information Technology Agency Act 88 of 1998 |
This law provides for the provision of information to and by the State using IT. |
ELECTRONICS |
2007 |
2007
Convention on International Interests in Mobile Equipment Act 4 of 2007 |
This may also be of application indirectly to the IT sector |
2002
|
2002
Electronic Communications and Transactions Act 25 of 2002 |
The ECT Act is the primary law governing transactions carried out electronically. The ECA is also of indirect application within this sub-sector by virtue of its objectives – both laws are enabling. |
2001
Electronic Government – the Digital Future |
2001 |
|
2000 |
2000
Promotion of Access to Information Act 2 of 2000 |
This Act also provides for access to information stored electronically. |
ELECTRICAL ENGINEERING |
2001 |
2001
Industrial Development Amendment Act 49 of 2001 |
This law is of hardly any impact on the sector, we mention it for completeness. |
2000 |
2000
Engineering Professions Act 46 of 2000 |
Related laws concern the professions of the architect and quantity surveyor but the sector is largely governed by regulations. |
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Construction Industry Development Board Act 38 of 2000 |
Of slight impact, these laws govern the professionals working in construction engineering. |
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Project and Construction Management Profession Act 48 of 2000 |
ELECTRICITY |
2007 |
2007
Electricity Regulation Amendment Act 28 of 2007 |
|
2006 |
2006
Electricity Regulation Act 4 of 2006 |
|
2004
White Paper on the Renewable Energy Policy of South Africa |
2004 |
This policy initiative was published by the DME in relation to energy in general, not electricity specifically, although renewable energy sources are regarded as substitutes for electricity. |
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National Energy Regulation Act of 2004 |
This law was passed in relation to the regulation of all forms of energy. |
2003
Electricity Basic Services Support Tariff Policy |
2003 |
|
2001
Blueprints on electricity distribution industry reform |
2001
ESKOM Conversion Act 13 of 2001 |
This led to the creation of EDIH. Various council resolutions on electricity and “perspectives” can be found on the EDI website (www.ediholdings.co.za) and deal with wiring, wiring industry standards, distribution and public lighting. |
1998 |
1998
ESKOM Amendment Act 126 of 1998 |
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National Environmental Management Act 107 of 1998 |
This law is of indirect application. |
White Paper on Energy Policy |
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