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- Subject areas > Business, Trade and Industry
- Subject areas > Communications and Media
- Subject areas > Finance and Money
Related documents
South Africa
Independent Communications Authority of South Africa Act, 2000
Act 13 of 2000
- Published in Government Gazette 21154 on 5 May 2000
- Assented to on 4 May 2000
- There are multiple commencements
- [This is the version of this document from 1 April 2019.]
Provisions | Status |
---|---|
Chapter IV, section 18(2) |
commenced on 30 March 2000.
Note: See section 25 |
Chapter I (section 1–2); Chapter II (section 3–16); Chapter III (section 17); Chapter IV, section 18(1), 18(3), section 19, section 20–22; Chapter V (section 23–25) | commenced on 11 May 2000 by Proclamation R29 of 2000. |
Chapter I, section 2(bA); Chapter II, section 3(1A), section 4(3), 4(4), 4(5), section 4A, section 4B–4D, section 5(1A), 5(1B), section 6A, section 7(1)(a), 7(1)(b), section 8(1)(g), 8(3)(c), section 11A, section 14(1A), section 14A, section 14B–14D, section 15(1A), section 16A; Chapter III, section 17A–17H | commenced on 19 July 2006. |
Chapter II, section 3(5), section 4(3)(o), 4(3)(p), 4(3)(q), 4(3A), 4(4)(h), section 4B(7), 4B(8), 4B(9), section 6A(2)(d), section 7(6)(c), 7(7), section 11(5), section 11A(3), section 11B, section 14(4), section 14C(1)(d), section 15A; Chapter III, section 17(10), section 17A(1A), section 17C(1)(a)(i), 17C(1)(a)(ii), 17C(1)(a)(iii), 17C(1)(b)(i), 17C(1)(b)(ii), 17C(1)(b)(iii), section 17F(5)(c)(iv), section 17G(4)(b)(iii), 17G(8); Chapter V, section 23A | commenced on 16 May 2014. |
Chapter II, section 10(1), 10(2), 10(3), 10(4), 10(5) | commenced on 1 April 2019. |
- [Amended by Broadcasting Amendment Act, 2002 (Act 64 of 2002) on 7 March 2003]
- [Amended by Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) on 27 April 2004]
- [Amended by Independent Communications Authority of South Africa Amendment Act, 2006 (Act 3 of 2006) on 19 July 2006]
- [Amended by Independent Communications Authority of South Africa Amendment Act, 2014 (Act 2 of 2014) on 16 May 2014]
- [Amended by Determination of Remuneration of Office-bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act 22 of 2014) on 1 April 2019]
Chapter I
Introductory provisions
1. Definitions
In this Act, unless the context indicates otherwise, any word or expression defined in the Broadcasting Act or the Electronic Communications Act has the meaning assigned to it in the Act in question and—“Authority” means the Independent Communications Authority of South Africa established by section 3;"broad-based black economic empowerment" has the meaning assigned to it in the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);[definition of "broad-based black economic empowerment" inserted by section 1(a) of Act 2 of 2014]“Broadcasting Act” means the Broadcasting Act, 1999 (Act No. 4 of 1999);"Competition Act" means the Competition Act, 1998 (Act No. 89 of 1998);[definition of "Competition Act" inserted by section 1(b) of Act 2 of 2014]"Competition Commission" means the Competition Commission established in terms of section 19 of the Competition Act;[definition of "Competition Commission" inserted by section 1(b) of Act 2 of 2014]"Complaints and Compliance Committee" means the committee established by the Authority in terms of section 17A;[definition of "Complaints and Compliance Committee" inserted by section 2(b) of Act 3 of 2006]"concurrent jurisdiction agreement" means a concurrent jurisdiction agreement concluded in terms of section 4(3A)(b);[definition of "concurrent jurisdiction agreement" inserted by section 1(c) of Act 2 of 2014]"Constitution" means the Constitution of the Republic of South Africa, 1996;[definition of "Constitution" inserted by section 1(c) of Act 2 of 2014]“Council” means the Council referred to in section 5;"days" means working days unless otherwise specified;[definition of "days" inserted by section 1(d) of Act 2 of 2014]"Electronic Communications Act" means the Electronic Communications Act, 2005 (Act No. 36 of 2005);[definition of "Electronic Communications Act" inserted by section 2(c) of Act 3 of 2006 and substituted by section 1(e) of Act 2 of 2014]"electronic transaction" has the meaning assigned to it in the Electronic Transactions Act;[definition of "electronic transaction" inserted by section 1(f) of Act 2 of 2014]"Electronic Transactions Act" means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);[definition of "Electronic Transactions Act" inserted by section 1(f) of Act 2 of 2014]“establishment date” means the date determined as such by the Minister by notice in the Gazette;“family member”, in relation to any person, means his or her parent, child or spouse, and includes a person living with that person as if they were married to each other;“former authorities” [definition of "former authorities" deleted by section 1(g) of Act 2 of 2014]“Independent Commission” means the Independent Commission for the Remuneration of Public Office-bearers established by section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997);[definition of “Independent Commission” inserted by section 10 of Act 22 of 2014]“IBA” [definition of “IBA” deleted by section 2(d) of Act 3 of 2006]“IBA Act” [definition of “IBA Act” deleted by section 2(d) of Act 3 of 2006]"licence exemption" has the meaning assigned to it in section 1 of the Electronic Communications Act;[definition of "licence exemption" inserted by section 1(h) of Act 2 of 2014]"licensee" has the meaning assigned to it in section 1 of the Electronic Communications Act, and includes, as required by the context, a person granted a licence exemption in terms of section 6 of that Act;[definition of "licensee" inserted by section 1(h) of Act 2 of 2014]“Minister” means the Minister of Communications;“National Revenue Fund” means the Fund referred to in section 213 of the Constitution;"policy directions" means policy directions issued in terms of section 3(1A), 3(2) or contemplated in 81(1) of the Electronic Communications Act or in terms section 2A(2) of the Postal Services Act;[definition of "policy directions" inserted by section 1(i) of Act 2 of 2014]"Postal Services Act" means the Postal Services Act, 1998 (Act No. 124 of 1998);[definition of "Postal Services Act" inserted by section 2(e) of Act 3 of 2006]“prescribe” means prescribe by regulation;“President” means the President of the Republic;“SATRA” [definition of “SATRA” deleted by section 2(f) of Act 3 of 2006]“Telecommunications Act” [definition of "Telecommunications Act" deleted by section 1(j) of Act 2 of 2014]“this Act” includes any regulation made under the underlying statutes;“underlying statutes” means the Broadcasting Act, Postal Services Act and Electronic Communications Act.[definition of “underlying statutes” substituted by section 2(g) of Act 3 of 2006][section 1 amended by section 2(a) of Act 3 of 2006]2. Object of Act
The object of this Act is to establish an independent authority which is to—Chapter II
Independent Communications Authority of South Africa
3. Establishment of Independent Communications Authority of South Africa
4. Functions of Authority and chairperson
4A. Register of licences
4B. Inquiries by Authority
4C. Conduct of inquiries
4D. Confidential information
5. Constitution of and appointment of councillors to Council
6. Disqualification
6A. Performance management system
7. Terms of office
8. Removal from office
9. Vacancies
10. Salary, allowances and benefits of councillors of Council
11. Meetings of Council
11A. Minutes of meetings
11B. Code of Ethics
12. Conflicting interests
13. Validity of proceedings
Subject to section 12, a decision taken by the Council or an act performed under that decision is not invalid merely by reason of—14. Staff
14A. Appointment of experts
14B. ***
[section 14B inserted by section 15 of Act 3 of 2006 and repealed by section 15 of Act 2 of 2014]14C. Confidentiality
14D. ***
[section 14D inserted by section 15 of Act 3 of 2006 and repealed by section 17 of Act 2 of 2014]15. Financing of and accounting by Authority
15A. Annual plan
The chief executive officer must, at least three months before the end of each financial year, prepare and submit to the Council for approval an annual plan which describes the proposed activities of the Authority with indicative timeframes for the coming year.[section 15A inserted by section 19 of Act 2 of 2014]16. Annual report
16A. Restriction on use of name or description implying connection with Authority
No person may apply to any venture, undertaking, business, company or other association or body, whether corporate or incorporate, a name or description signifying or implying some connection between such venture, undertaking, business, company or other association or body and the Authority, except with the consent of the Authority.[section 16A inserted by section 17 of Act 3 of 2006]Chapter III
Committees
17. Standing and special committees
17A. Establishment of Complaints and Compliance Committee
17B. Functions of Complaints and Compliance Committee
The Complaints and Compliance Committee—17C. Procedure of Complaints and Compliance Committee
17D. Findings by Complaints and Compliance Committee
17E. Decision by Authority
17F. Inspectors
17G. Power of inspector to enter, search and seize
17H. Offences and penalties
Chapter IV
***
[Chapter IV repealed by section 27 of Act 2 of 2014]18. ***
[section 18 repealed by section 20 of Act 3 of 2006]19. ***
[section 19 repealed by section 20 of Act 3 of 2006]20. ***
[section 20 repealed by section 20 of Act 3 of 2006]21. ***
[section 21, previously subsection (1), renumbered and amended by section 21 of Act 3 of 2006, and repealed by section 27 of Act 2 of 2014]22. ***
[section 22 repealed by section 27 of Act 2 of 2014]Chapter V
General
23. Repeal and amendment of laws
The laws specified in the second column of Schedule 1 are hereby repealed or amended to the extent indicated in the third column thereof.23A. Liability
24. Application of Act
In the event of any conflict between the provisions of this Act and any other law, except for the Constitution, relating to the regulation of broadcasting, electronic communications and postal services, the provisions of this Act prevail.[section 24 substituted by section 29 of Act 2 of 2014]25. Short title and commencement
This Act is called the Independent Communications Authority of South Africa Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette, except section 18(2) which must be regarded as having come into operation on 30 March 2000.History of this document
01 April 2019 this version
16 May 2014
19 July 2006
27 April 2004
07 March 2003
11 May 2000
04 May 2000
Assented to
30 March 2000
Commenced
Note: See section 25
Subsidiary legislation
Title | Numbered title |
---|---|
ICT COVID-19 National State of Disaster Regulations, 2021 | General Notice 661 of 2021 |
National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014: Amendment | Government Notice 4744 of 2024 |
Notice regarding termination of the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations, 2021 | General Notice 1021 of 2022 |
The ICT COVID-19 National Disaster Regulations | General Notice 238 of 2020 |
Cited documents 10
Legislation 10
1. | Criminal Procedure Act, 1977 | 3916 citations |
2. | Public Finance Management Act, 1999 | 2186 citations |
3. | Income Tax Act, 1962 | 1599 citations |
4. | Electronic Communications Act, 2005 | 896 citations |
5. | Competition Act, 1998 | 773 citations |
6. | Constitution of the Republic of South Africa, 1996 | 585 citations |
7. | Electronic Communications and Transactions Act, 2002 | 344 citations |
8. | Telecommunications Act, 1996 | 318 citations |
9. | South African Reserve Bank Act, 1989 | 200 citations |
10. | Postal Services Act, 1998 | 121 citations |
Documents citing this one 419
Gazette 395
Judgment 18
Legislation 5
1. | Electronic Communications Act, 2005 | 896 citations |
2. | Prevention and Combating of Corrupt Activities Act, 2004 | 362 citations |
3. | Astronomy Geographic Advantage Act, 2007 | 73 citations |
4. | ICT COVID-19 National State of Disaster Regulations, 2021 | |
5. | The ICT COVID-19 National Disaster Regulations |