South Africa

Electronic Communications Act 2005 (Act No. 36 of 2005)

Year of Version:2006
Date of Entry into Force:April 18, 2006
Date of Text (Enacted):April 18, 2006
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Enforcement of IP and Related Laws, Undisclosed Information (Trade Secrets)
The Electronic Communications Act 2005 repeals the Independent Broadcasting Authority Act 1993; the Telecommunications Act 1999; and repeals sections 4, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40(1)(a), (b) & (2); and amends sections 1, 3, 5, 21, 22 of the Broadcasting Act 1999.

This Act provides for the regulation and the convergence of electronic communications, their networks and the broadcasting services.
It contains provisions concerning competition matters, defining the conditions when the Independent Communication Authority of South Africa must prescribe the regulations relating to unfair competition, determining markets upon which pro-competitive conditions may be imposed and the ones that have ineffective competition [Chapter 10, Section 67(1) to (5)].

Section 98 of this Act stipulates that it takes effect on a date determined by the President by proclamation in the Gazette.
Available Texts: 

Electronic Communications Act 2005 (Act No. 36 of 2005) Electronic Communications Act 2005 (Act No. 36 of 2005), Complete document (pdf) [722 KB]

Related Legislation:
Historical Versions:
WIPO Lex No.:ZA082


South Africa