عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين معاهدات الأحكام التصفح بحسب كل ولاية قضائية

جنوب أفريقيا

ZA097

رجوع

Independent Communications Authority of South Africa Act 2000 (Act No. 13 of 2000, as amended up to Independent Communications Authority of South Africa Amendment Act 2006)

 Independent Communications Authority of South Africa Act 2000 (as amended up to 2006)

Independent Communications Authority of South Africa Act, No. 13 of 2000

[ASSENTED TO 1 MAY 2000] [DATE OF COMMENCEMENT: 11 MAY 2000]

(English text signed by the President.)

As amended by

Broadcasting amendment Act No. 64 of 2002

Prevention and Combating of Corrupt activities Act No. 12 of 2004

Independent Communications Authority of South Africa Amendment Act No. 3 of 2006

ACT To provide for the establishment of the Independent Communications Authority of South Africa; to provide for the dissolution of the Independent Broadcasting Authority and the South African Telecommunications Regulatory Authority; to transfer the functions of the latter authorities to the Independent Communications Authority of South Africa; to amend the Independent Broadcasting Authority Act, 1993, the Telecommunications Act, 1996, and the Broadcasting Act, 1999; and to provide for matters connected therewith.

PREAMBLE

Recognising that technological and other developments in the fields of broadcasting and electronic communications are causing a rapid convergence of these fields;

Acknowledging that the establishment of an independent body to regulate broadcasting and electronic communications is required.

[Preamble substituted by Section 1 of Act No. 3 of 2006]

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: -

CONTENTS OF ACT CHAPTER I

INTRODUCTORY PROVISIONS 1. Definitions 2. Object of Act

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. Remuneration 11. Meetings of Council 11A. Minutes of meetings 12. Conflicting interests 13. Validity of proceedings 14. Staff 14A. Appointment of experts 14B. Transfer of staff 14C. Confidentiality 14D. Limitation of liability 15. Financing of and accounting by Authority 16. Annual report 16A. Restriction on use of name or description implying connection with Authority

CHAPTER III COMMITTEES

17. Standing and special committees 17A. Establisment of Complaints and Compliance Committee 17B. Functions of Complaints and Compliance Committee 17C. Procedures of Complaints and Compliance Committee 17D. Findings of 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 TRANSITIONAL PROVISIONS

18. … 19. … 20. … 21. Pending matters 22. Savings

CHAPTER V GENERAL

23. Repeal and amendment of laws 24. Application of Act 25. Short title and commencement Schedule 1 Laws amended or repealed Schedule 2 …

[Contents amended by Section 23 of Act No. 3 of 2006]

CHAPTER I INTRODUCTORY PROVISIONS

Definitions 1. 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; (ix) “broadcasting Act” means the Broadcasting Act, 1999 (Act No. 4 of 1999); (iv) “Complaints and Compliance Committee” means the committee established by the Authority in terms of section 17A;

[Description “Complaints and Compliance Committee” inserted by Section 2(b) of Act No. 3 of 2006] “Council” means the Council referred to in section 5; (xi) “Electronic Communications Act” means an Act op Parliament providing for convergence in the broadcasting, broadcasting signal distribution and telecommunications sectors;

[Description “Electronic Communications Act” inserted by Section 2(c) of Act No. 3 of 2006] “establishment date” means the date determined as such by the Minister by notice in the Gazette; (iii) “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; (i) “former authorities” means the IBA, SATRA or both, as the case may be; (xv) “IBA”

[Description “IBA” deleted by Section 2(d) of Act No. 3 of 2006] “IBA Act”

[Description “IBA Act” deleted by Section 2(d) of Act No. 3 of 2006] “Minister” means the Minister of Communications; (iv) “National Revenue Fund” means the Fund referred to in section 213 of the Constitution; “Postal Services Act” means the Postal Services Act, 1998 (Act No. 124 of 1998);

[Description “Postal Services Act” inserted by Section 2(e) of Act No. 3 of 2006] “prescribe” means prescribe by regulation; (xvi) “President” means the President of the Republic; (x) “SATRA”

[Description “SATRA” deleted by Section 2(f) of Act No. 3 of 2006] “Telecommunications Act” means the Telecommunications Act, 1996 (Act No. 103 of 1996); (xiii) “this Act” includes any regulation made under the underlying statutes; (ii) “underlying statutes” means the Broadcasting Act, Postal Services Act and Electronic Communications Act. (vi)

[Description “underlying statutes” substituted by Section 2(g) of Act No. 3 of 2006]

[Section 1 amended by Section 2(a) of Act No. 3 of 2006]

Object of Act 2. The object of this Act is to establish an independent Authority which is to -

(a) regulate broadcasting in the public interest and to ensure fairness and a diversity of views broadly representing South African society, as required by section 192 of the Constitution; (b) regulate electronic Communications in the public interest;

[Paragraph (b) substituted by Section 3(a) of Act No. 3 of 2006] (bA) regulate postal matters in the public interest in terms of the Postal Services Act, and

[Paragraph (bA) substituted by Section 3(b) of Act No. 3 of 2006] (c) achieve the objects contemplated in the underlying statutes.

CHAPTER II INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA

Establishment of Independent Communications Authority of South Africa 3. (1) There is hereby established a juristic person to be known as the Independent Communications Authority of South Africa. (1A) The Authority is deemed to be the Regulator contemplated in the Postal Services Act.

[Subsection (1A) inserted by Section 4 of Act No. 3 of 2006]

(2) The Authority acts through the Council contemplated in section 5. (3) The Authority is independent, and subject only to the Constitution and the law, and must be impartial and must perform its functions without fear, favour or prejudice. (4) The Authority must function without any political or commercial interference.

Functions of Authority and chairperson 4. (1) The Authority -

(a) must exercise the powers and perform the duties conferred and imposed upon it by this Act, the underlying statutes and by any other law; (b) (c) subject to section 231 of the Constitution, must act in a manner that is consistent with the obligations of the Republic under any applicable international agreement. (2) The Authority is subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999). (3) Without derogating from the generality of subsection (1), the Authority – (a) may make recommendations to the Minister on policy matters and amendments to the Act and the underlying statutes which accord with the objects of this Act and the underlying statutes to promote development in the postal and communications sectors; (b) must monitor the electronic communications sector to ensure compliance with this Act and the underlying statutes; (c) must manage the radio frequency spectrum in accordance with bilateral agreements or international treaties entered into by the Republic; (d) must develop and enforce licence conditions consistent with the objects of the Act and the underlying statutes for different categories of licences; (e) must grant, renew, amend, transfer and revoke licences; (f) must approve technical parameters and transmitter and transmission characteristics to be used by licensees; (g) may, by notice in writing, direct the holders of a licence in terms of the underlying statutes to produce or furnish to the Authority, at a time and place specified in the notice, any documents and information specified in such notice and relating to any matter in respect of which a duty or obligation is imposed on such licensee by this Act or the underlying statutes; (h) may conduct research on all matters affecting the postal and communications sectors in order to exercise its power and perform its duties; (i) may attend conferences convened by the relevant United Nations Specialised Agencies and any other bodies and, where applicable must implement any decisions adopted by such Agencies and other bodies to which the Republic is a party; (j) may make regulations on any matter consistent with the objects of the Act and the underlying statutes or that are incidental or necessary for the performance of the functions of the Authority; (k) may make regulations on empowerment requirements in terms of Broad-Based Black economic Empowerment Act, 2003 (Act no. 53 of 2003); (l) may inspect transmitters or other communications apparatus used for communications; (m) may undertake enquiries on any matter within its jurisdiction; (n) must investigate and adjudicate complaints submitted in terms of the Act, the underlying statutes, and licence conditions; (4)(a) Subject to subsection (2), the Council may in writing delegate any power, function or duty of the Authority in terms of this Act or the underlying statutes to – (i) any councillor; (ii) any committee of the Council established in terms of section 17; or (iii) the chief executive officer appointed in terms of section 14. (b) The power to make regulations may not be delegated in terms of paragraph (a). (c) A power, function or duty delegated to the chief executive officer may be performed by any other staff member of the Authority authorised by the chief executive officer, except where precluded by the terms of such delegation. (d) Subject to paragraph (e), a delegation in terms of paragraph (a) or (c) – (i) is subject to such conditions as may be determined by the Council or chief executive officer, as the case may be; and (ii) may at any time be amended or revoked. (e) The Council or chief executive officer, as the case may be, is not divested of any power, function or duty or relieved of any duty which it may have delegated in terms of paragraph (a) or (c) and may amend or revoke any

decision made in terms of such delegation except where any licence will be affected by the revocation or the amendments of the decision. (f) The power to grant, renew, amend or transfer any individual licence may only be delegated to a councillor or to a committee of the Council. (g) Notwithstanding the provisions of this section, any councillor or committee delegated with the power to grant, amend, revoke, transfer or renew a licence in terms of the Act must report its decision to the Council. (5) The chairperson of the Council must – (i) provide overall leadership to the Council; (ii) manage the activities of the councillors; and (iii) perform any functions assigned to him or her in terms of any law.

[Section 4 substituted by Section 5 of Act No. 3 of 2006]

Register of licences 4A. (1) The Authority must keep a register in which it must record all licences granted and amended in terms of the underlying statutes and any transfer of such licences. (2) The register referred to in subsection (1) must be open to inspection by the public at the premises and during the normal office hours of the Authority. (3) The authority must at the request of an interested person and on payment of the prescribed fee furnish such person with a copy of an extract from any part of the register,

[Section 4A inserted by Section 6 of Act No. 3 of 2006]

Enquiries by Authority 4B. (1) The Authority may conduct an inquiry into any matter with regard to - (a) the achievements of the objects of he Act or the underlying statutes; (b) regulations and guidelines made in terms of this Act or the underlying statutes; (c) compliance by applicable persons with this Act and the underlying statutes (d) compliance with the terms and conditions of any licence by the holder of such licence issued pursuant to the underlying statutes; and (e) the exercise and performance of its powers, functions and duties in terms of the Act or the underlying statutes. (2) The Authority must, in the Gazette, give notice of its intention to conduct an enquiry and such notice must indicate the purpose of the inquiry and invite interested persons to - (a) submit written representation within 60 days from the date of publication; and (b) indicate in their written representations whether they require an opportunity to make oral representation to the Authority. (3) Written representation made pursuant to a notice referred to in subsection (2) must, subject to subsection (5), be open to inspection by the public at the premises and during normal office hours of the Authority. (4) The Authority must, when so requested by any person and upon payment of the prescribed fee, provide such person with a copy of or extract from any representation made. (5) Subject to section 4D, the Authority may, at the request of any person making a written representation, determine that any document or information that is commercially sensitive or any other matters reasonably justifying confidentiality may not be open to inspection by the public, if such document or information can be separated from the written representation or other documents in question. (6)(a) The Authority must advise persons contemplated in subsection 2(b) of the place where and time when oral representation may be made. (b)Oral representation must, subject to section 4C, be open to the public.

[Section 4B inserted by Section 6 of Act No. 3 of 2006]

Conduct of inquiries 4C. (1) Subject to this Act, a councillor presiding at an inquiry conducted in terms of section 4B must determine the procedure at such inquiry. (2) The Authority may, subject to any law governing privilege, for the purpose of an inquiry - (a) through the person presiding at such inquiry, by notice in writing in the prescribed form, require from any person such particulars and information as may be reasonably necessary; (b) by notice in writing in the prescribed form under the hand of a councillor, addressed and delivered by an authorised person or a sheriff to any person, require such person to - (i) appear before it at the date, time and place specified in such notice;

(ii) make a statement; and (iii) submit to it all the documents or objects in the possession or custody or under the control of any such person which may be reasonably necessary; and (c) through the person presiding at such inquiry and after explaining applicable rights under the Constitution and this section, question any person referred to in paragraph (b) in connection with any matter which may be reasonably necessary. (3) The Authority may retain for a reasonable period for the purpose of this Act or the underlying statutes any document or object submitted to it. (4) A person may have a legal representative or other adviser present when such person - (a) makes an oral representation, contemplated in section 4B(2)(b), to the Authority; and (b) appears before, makes a statement to and is questioned by the Authority as contemplated in subsection (2). (5) The person presiding at an inquiry may, after hearing representations from any person present at and connected to the inquiry and having regard to - (a) any reasonable apprehension of prejudice or harm to the person to be questioned; (b) the rights of reply and rebuttal of any person whose rights may be adversely affected; and (c) whether it is in the interest of the achievement of the objects of the inquiry, determine that any part of the inquiry be held behind closed doors and direct that the public or any class thereof may not be present. (6) The Authority must, within 180 days form the date of conclusion of the inquiry - (a) make a finding on the subject matter of the inquiry; and (b) publish in the Gazette - (i) a summary of its finding; and (ii) the details of the place where and the time when the finding and the reasons for the finding can be obtained by the public.

[Section 4C inserted by Section 6 of Act No. 3 of 2006]

Confidential information 4D. (1)(a) When a person submits information to the Authority, such person may request that specific information be treated as confidential information. (b) The request for confidentiality must be accompanied by a written statement explaining why the specific information should be treated as confidential. (2) Within 14 days of receiving a request for confidentiality, the Authority must make a determination whether or not confidentiality will be granted and provide the person contemplated in subsection (1) with written reasons for such determination. (3) Should the Authority determine that a request for confidentiality cannot be acceded to, the party providing the information must be given an opportunity to withdraw the information that is the subject of the confidentiality request. (4) When considering a request contemplated in subsection (1), the Authority must treat the following information, as confidential information namely – (a) trade secrets of such person; (b) financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which is likely to cause harm to the commercial or financial interests of such person; (c) information of which the disclosure could reasonably be expected - (i) to put the person at a disadvantage in contractual or other negotiations; or (ii) to prejudice the person in commercial competition; (d) the names of prospective employees; and (e) business plans of the licensee. (5) A determination of confidentiality may not be made in respect of a document or information that is in the public domain or is required to be disclosed by operation of law or a court order.

[Section 4D inserted by Section 6 of Act No. 3 of 2006]

Constitution of and appointment of councillors to Council 5. (1) The Council consists of a chairperson and eight other councillors appointed by the Minister upon the approval by the National Assembly according to the following principles, namely - (a) participation by the public in the nomination process; (b) transparency and openness; and

(c) the publication of a shortlist of candidates for appointment, with due regard to subsection (3) and section 6. [Subsection (1) substituted by Section 7(a) of Act No. 3 of 2006]

(1A)(a) The National Assembly must submit to the Minister a list of suitable candidates at least one and a half times the number of councillors to be appointed. (b) The National Assembly may invite technical expertise to assist in the selection, evaluation and appointment processes of councillors. (c) The experts contemplated in paragraph (b) may include - (i) a person with knowledge of and experience in the industry; (ii) a person with a legal background, knowledge of the ICT sector and competition related matters; (iii) an academic in the field of electronic communications; (iv) a representative from the labour sector; and (v) a representative of consumer interests.

[Subsection (1A) inserted by Section 7(b) of Act No. 3 of 2006] (1B)(a) The Minister must recommended to the National Assembly, from the list contemplated in subsection (1A), persons whom he or she proposes to appoint to serve on the Council. (b) If the National Assembly is not satisfied that the persons recommended for appointment by the Minister comply with subsection (3), the National Assembly may request the Minister to review his or her recommendation. (c) Following approval by the National Assembly of the Minister‟s recommendation for appointment the Minister must appoint the Chairperson or other councilor by notice in the Gazette.

[Subsection (1B) inserted by Section 7(b) of Act No. 3 of 2006] (2)(a) The chairperson must, in writing, appoint a councillor as acting chairperson to perform the functions of the chairperson in his or her absence. (b) Where the chairperson, is unable to make an appointment, the remaining councillors must from their number elect an acting chairperson.

[Subsection (2) substituted by Section 7(c) of Act No. 3 of 2006] (3) Persons appointed to the Council must be persons who - (a) are committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of a public service; and (b) when viewed collectively - (i) are representative of a broad cross-section of the population of the Republic; and (ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, electronic communications and postal policy or operations, public policy development, electronic engineering, law, marketing, journalism, entertainment, education, economics, finance or any other relevant expertise or qualifications.

[Subparagraph (ii) substituted by Section 7(d) of Act No. 3 of 2006] (4) A councillor appointed under this section must, before he or she begins to perform his or her functions, take an oath or affirm that he or she - (a) is committed to fairness, freedom of expression, openness and accountability; and (b) will uphold and protect the Constitution and the laws of the Republic, including this Act and the underlying statutes.

Disqualification 6. (1)A person may not be appointed as a councillor if he or she -

(a) is not a citizen of the Republic; (b) is not permanently resident in the Republic; (c) is a public servant or the holder of any other remunerated position under the State; (d) is a member of Parliament, any provincial legislature or any municipal council; (e) is an office-bearer or employee of any party, movement or organisation of a party-political nature: (f) or his or her family member has a direct or indirect financial interest in the electronic communications, postal or broadcasting industry;

[Paragraph (f) substituted by Section 8 of Act No. 3 of 2006] (g) or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (f); (h) is an unrehabilitated insolvent; (i) has been declared by a court to be mentally ill or disordered; (j) has at any time been convicted, whether in the Republic of elsewhere, of - (i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption

Act, 1958 (Act No. 6 of 1958) and Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the afore-mentioned offences of Chapter 2 of the Prevention and Combating of Corrupt activities Act No. 12 of 2004, or any other offence involving dishonesty; or

[Subparagraph (i) substituted by Section 30 of Act No. 12 of 2004] (ii) an offence under this Act or the underlying statutes;

(k) has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; or (l) has at any time been removed from an office of trust on account of misconduct. (2) A person who is subject to a disqualification contemplated in subsection (1)(b) to (i) may be nominated for appointment as a councillor, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification.

Performance Management System 6A. (1) The Minister must in consultation with the National assembly, establish a performance management system to monitor and evaluate the performance of the chairperson and other councillors. (2) The performance management system must - (a) set appropriate key performance indicators as a yardstick for measuring performance (b) set measurable performance targets; and (c) set a procedure to measure and review performance at least once a year (3) As son as is practicable after the appointment of the chairperson or other councillors a performance agreement must be concluded between the chairperson or other coucillor and the Minister. (4) The evaluation of the performance of the chairperson or other councillor must be conducted by a panel constituted by the Minister, in consultation with the National Assembly for that purpose. (5) The panel contemplated in subsection (4) must, after an evaluation of the chairperson or other councillor, submit a report to the National Assembly for consideration.

[Section 6A inserted by Section 9 of Act No. 3 of 2006]

Terms of office 7. (1) (a) The chairperson holds office for a period of five years as from the date of his or her appointment.

(b) The chairperson may at the end of his or her term of office be reappointed in terms of section 5. [Subsection (1) substituted by Section 10(a) of Act No. 3 of 2006]

(2) The other councillors hold office for a period of four years as from the date of their appointment. [Paragraph (a) substituted by Section 10(b) of Act No. 3 of 2006]

(b)... [Paragraph (b) deleted by Section 10(c) of Act No. 3 of 2006]

(3) A councillor may at any time, upon at least three months' written notice tendered to the Minister, resign from office.

[Subsection (3) substituted by Section 10(d) of Act No. 3 of 2006] (4) Despite subsections (1) and (2), the councillors remain in office after expiry of their term of office until the commencement of the term of office of their successors, but the extended term of office may not exceed 45 days. (5) A councillor may at the end of his or her term of office be reappointed in terms of section 5 for one additional term. (6) Every councillor serves in a full-time capacity to the exclusion of any other remunerative employment, occupation or office which is likely to - (a) interfere with the exercise by any such councillor of his or her functions in terms of this Act or the underlying statutes; or (b) create a conflict of interests between such employment, occupation or office and his or her office as councillor.

Removal from office 8. (1) Subject to subsection (2), a councillor may be removed from office on account of -

(a) misconduct; (b) inability to perform the duties of his or her office efficiently; (c) absence from three consecutive meetings of the Council without the permission of the Council, except on good cause shown; (d) a contravention of section 7(6); (e) failure to disclose an interest in terms of section 12(2)(a) or voting or attendance at, or participation in,

proceedings of the Council while having an interest contemplated in section 12(1); [Paragraph (e) amended by Section 11(a) of Act No. 3 of 2006]

(f) his or her becoming disqualified as contemplated in section 6(1); or [Paragraph (f) amended by Section 11(b) of Act No. 3 of 2006]

(g) refusal to sign a performance agreement [Paragraph (g) inserted by Section 11(c) of Act No. 3 of 2006]

(2) A councillor may be removed from office only on - (a) a finding to that effect by the National Assembly; and (b) the adoption by the National Assembly of a resolution calling for that councillor's removal from office. (3) The Minister - (a) may suspend a councillor from office at any time after the start of the proceedings of the National Assembly for the removal of that councillor; (b) must remove a councillor from office upon adoption by the National Assembly of the resolution calling, for that councillor's removal. (c) must suspend a councillor from office at any time after the start of the proceedings of the National Assembly for the removal of that councillor upon the request of the National Assembly.

[Paragraph (c) inserted by Section 11(e) of Act No. 3 of 2006] [Subsection (3) amended by Section 11(d) of Act No. 3 of 2006]

Vacancies 9. (1) A vacancy in the Council occurs if a councillor -

(a) becomes subject to a disqualification referred to in section 6; (b) tenders his or her resignation as contemplated in section 7(3) and the resignation takes effect; (c) is removed from office in terms of section 8; (d) dies; or (e) becomes permanently incapable of doing his or her work. (2)(a) Where a vacancy has arisen as contemplated in subsection (1), the procedure contemplated in section 5 applies. (b) Any councillor appointed under this subsection holds office for the rest of the period of the predecessor's term of office, unless the Minister, following approval from the National Assembly, directs that such councillor holds office for a longer period which may not exceed one subsequent term of four years.

[Paragraph (b) substituted by Section 12 of Act No. 3 of 2006]

Remuneration 10. The chairperson and other councillors must be paid such remuneration and allowances and be entitled to such benefits as the Minister may determine with the concurrence of the Minister of Finance, subject to any applicable national legislation envisaged by section 219(5) of the Constitution.

Meetings of Council 11. (1)(a) Meetings of the Council must be held at such times and places as the Council may determine.

(b) However, the first meeting must be held at such time and place as the chairperson determines. (2)(a) The chairperson may at any time convene a special meeting of the Council, which must be held at such time and place as the chairperson determines. (b) If at least two councillors request a special meeting in writing, the chairperson must convene such a meeting within seven days after receiving the request. (c) If the chairperson fails to convene a special meeting within seven days after receiving the request, the councillors concerned may convene a special meeting. (3) The quorum for any meeting of the Council is a majority of the councillors in office at the time. (4)(a) Subject to subsection (3), a decision of the Council is taken by resolution agreed to by the majority of councillors at any meeting of the Council. (b) In the event of an equality of votes regarding any matter the chairperson has a casting vote in addition to his or her deliberative vote.

Minutes of meetings 11A. (1) The Council and the committee contemplated in sections 17 and 17A must prepare and keep minutes of the proceedings of every meeting of the Council or committee and cause copies of such minutes to be circulated to all

councillors or members of such committee. (2) The minutes prepared, when confirmed by a subsequent meeting and signed by the person presiding at such meeting, must be regarded as a true and correct record of the proceedings which they purport to minute and is prima facie evidence at proceedings before a court of law or any tribunal or in terms of this Act or the underlying statutes.

[Section 11A inserted by Section 13 of Act No. 3 of 2006]

Conflicting interests 12. (1) A councillor may not vote at, attend or in any other manner participate in, any meeting or hearing of the Council, nor be present at the place where the meeting is held, if - (a) in relation to an application relating to a licence, he or she or his or her family member is a director, member or business partner or associate of or has an interest in the business of the applicant or of any person who made representations in relation to the application; or (b) in relation to any matter before the Council, he or she has any interest which may preclude him or her from performing his or her functions as a councillor in a fair, unbiased and proper manner. (2)(a) If, during the course of any proceedings before the Council, there is reason to believe that a councillor has any interest contemplated in subsection (1), that councillor must immediately fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining councillors to discuss the matter and determine whether or not that councillor should be allowed to participate in the proceedings. (b) The disclosure, and the decision taken by the remaining councillors, must be recorded in the minutes of the proceedings in question. (3) If any councillor fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Council is held or in any manner participates in the proceedings of the Council, the relevant proceedings of the Council shall be null and void. (4) A councillor is guilty of an offence and liable on conviction to a fine not exceeding R250 000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment, if he or she - (a) contravenes subsection (1); or (b) fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2).

Validity of proceedings 13. Subject to section 12, a decision taken by the Council or an act performed under that decision is not invalid merely by reason of - (a) any irregularity in the appointment of a councillor; (b) a vacancy in the Council; or (c) the fact that any person not entitled to sit as a councillor sat as such at the time when the decision was taken provided such decision was taken by a majority of the councillors present at the time and entitled so to sit, and those councillors at the time constituted a quorum.

Staff 14. (1) The Council must establish its own administration to assist the Authority in the performance of its functions and to this end the Council must appoint - (a) a suitably qualified and experienced person as chief executive officer of the Authority for the purpose of assisting the Authority, subject to the Council's direction and supervision, in the performance of all financial and administrative functions in terms of the Act and the underlying statutes work arising from the administration of this Act and the underlying statutes and to exercise any power delegated by the Council to him or her; and (b) such other staff as the Council may deem necessary to assist the Authority and the chief executive officer, as the case may be, with all such work as may arise through the performance of its functions.

[Subsection (1) substituted by Section 14(a) of Act No. 3 of 2006] (1A)(a) The chief executive officer may appoint a senior official as acting chief executive officer to perform the functions of the chief executive officer in his or her absence. (b) A councillor may not be appointed as acting chief executive officer. (c) In the event that the chief executive officer is absent for a long period the Council must appoint an acting chief executive officer.

[Subsection (1A) inserted by Section 14(b) of Act No. 3 of 2006] (2) The Council must, in the appointment of its staff - (a) provide for the advancement of persons disadvantaged by unfair discrimination, with the aim that its staff, when viewed collectively represents a broad cross-section of the population of the Republic;

(b) subject to paragraph (a), apply equal opportunity employment practices. (3) The Authority may pay to the persons in its employ such remuneration and allowances and provide them with such pension and other employment benefits as are consistent with that paid in the public sector.

Appointment of experts 14A. (1) The Authority may appoint as many experts as may be necessary with a view to assisting the Authority in the performance of its functions. (2) Where an expert contemplated in subse3ction (1) is not a citizen or permanent resident of the Republic, the Minister must approve the appointment before such expert is appointed. (3) The Authority and an expert must enter into a written agreement setting out the expert‟s terms and conditions of employment. [Section 14A inserted by Section 15 of Act No. 3 of 2006]

Transfer of staff 14B. (1) All employees of he Postal regulator established by section 3 of the Postal Services Act must be made an employment offer by the Authority for transfer to the Authority on a date determined by the Minister. (2) The remuneration, benefits and privileges offered by the Authority may not be less than those payable to the employee by the Postal Regulator immediately prior to his or her transfer. (3) For the purpose of the Income Tax Act, 1962 (Act No, 58 of 1962), no change of employer is deemed to have taken place in respect of an employee who accepts the employment offer contemplated in subsection (1). (4) When any person becomes an employee of the Authority in terms of subsection (1) – (a) he or she retains all vacation leave which accrued to his or her credit up to the date immediately before the date of transfer, adjusted in accordance with the conditions of employment of the Authority; and (b) any inquiry instituted or intended to be instituted in respect of alleged misconduct committed by such person before the date of transfer must be disposed of or instituted by the Authority and the Authority must take the appropriate steps against the person concerned in accordance with the laws, policy and conditions of service applicable to him or her immediately before the date of transfer (5)(a) A person transferred to the Authority in terms of subsection (1) who immediately prior to such transfer was a member of the Government Employees Pension Fund must join such pension, provident or other fund as the Authority may establish or subscribe to. (b) The Government Employees Pension Fund must pay, in respect of each person transferred to the Authority, into a fund referred to in paragraph (a) an amount equal to the financing percentage of the Government Employees Pension Fund, multiplied by the actuarial liability of that Fund towards such person, plus interest calculated at the bank rate from the date of transfer of such person to the date of payment. (c) a person transferred to the Authority, upon becoming a member of a fund referred to in paragraph (a), has no further claim against the Government Employees Pension Fund and the Government Employees Pension Fund must cede any claim which it may have against that person to such a fund. (6) For the purpose of this section – (a) the actuarial liability of a pension fund in respect of a specific member or group of members of the fund means the actuarial liability as determined by an actuary appointed by the Minister of Finance. (b) the financing percentage of a pension fund means the market value of the assets of he fund expressed as a percentage of the total actuarial liability of the fund, after such assets and liabilities have been reduced by the amount of the liability of the fund towards all its pensioners, as determined at the time of the most recent actuarial assessment of the fund or the reappraisal thereof done on the instructions of the Minister of Finance; and (c) bank rate means the rate determined from time to time under section 10(2) of the South African Reserve Bank Act, 1989 (Act No. 90 of 1989) [Section 14B inserted by Section 15 of Act No. 3 of 2006]

Confidentiality 14C. (1) No councillor or person in the employ of the Authority may disclose any information with regard to any matter which may come to his or her knowledge in the performance of any function in terms of this Act or the underlying statutes or by virtue of the office held by him or her, except – (a) in so far as the Constitution, this Act, the underlying statutes or any other law require or provide for the access to information relating to such matter; (b) subject to paragraph (a), in so far as may be necessary for the due and proper performance of any function in terms of this Act or the underlying statutes; or

(c) when so ordered by a competent court of law. (2) Any person performing any task or function for or on behalf of the Authority, or providing any advice to the Authority, is bound by the provisions of section 14.

[Section 14C inserted by Section 15 of Act No. 3 of 2006]

Limitations of liability 14D. A councillor or person in the employ of the Authority is not personally liable for any damages or loss suffered by any person in consequence of any act which in good faith was performed or omitted in the performance of any functions in terms of the Act or the underlying statutes.

[Section 14D inserted by Section 15 of Act No. 3 of 2006]

Financing of and accounting by Authority 15. (1) The Authority is financed from money appropriated by Parliament.

(1A) The Authority may receive money determined in any other manner as may be agreed between the Minster and the Minister of Finance and approved by Cabinet.

[Subsection (1A) inserted by Section 16 of Act No. 3 of 2006] (2) The chief executive officer contemplated in section 14(1)(a) is, in accordance with section 36 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), the accounting officer of the Authority and charged with the responsibilities referred to in that Act which include, amongst others, responsibilities regarding auditing, financial control, budgetary control and reporting, (3) All revenue received by the Authority in a manner other than in accordance with subsection (1) must be paid into the National Revenue Fund within 30 days after receipt of such revenue. (4) Cheques drawn by the Authority must be regarded to have been duly issued and signed on its behalf if issued under the joint signatures of the accounting officer and another member of the staff of the Authority designated by the Council.

Annual report 16. (1) The Council must -

(a) supply the Minister with such information and particulars as he or she may in writing require in connection with the activities of the Authority; and (b) as soon as may be reasonably practicable after the end of each financial year but in any event within three months of the end of the financial year, supply the Minister with a copy of - (i) the annual report of the Authority; (ii) the financial statements of the Authority referred to in section 40(1)(e) of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and (iii) the Auditor-General's report on those statements. (2) For purposes of this section, the annual report referred to in subsection (1)(b)(i) must include, amongst others - (a) information regarding licences granted, renewed, amended, transferred, suspended or revoked; and (b) such other information as the Minister may in writing require. (3) The Minister must table a copy of the annual report in Parliament within 30 days after it has been received by him or her if Parliament is then sitting and, if Parliament is not in sitting, within 14 days after the next ensuing sitting of Parliament,

Restriction on use of name or description implying connection with Authority 16A. 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 No. 3 of 2006]

CHAPTER III COMMITTEES

Standing and special committees 17. (1) The Council may establish standing committees or special committees for such purposes as the Council may deem necessary with a view to assisting it in the effective exercise and performance of its powers and duties.

(2) Each committee established in terms of this section must consist of - (a) one or more councillors or any member of staff designated by the Council; and

[Paragraph (a) substituted by Section 18(a) of Act No. 3 of 2006] (b) such additional members as the Council may determine.

(3) The additional members referred to in subsection (2)(b) must be persons who - (a) are not subject to any disqualification contemplated in section 6(1)(d) to (i); and (b) on account of their expertise, qualifications and experience are suited to serve on the relevant committee. (4) The Council must appoint the chairperson of each committee from the councillors designated in terms of subsection (2)(a). (5) A committee must perform such functions as may be delegated or assigned to it. (6) The meetings of a committee (including any special meetings) must be convened by the chairperson, who determines the procedure at the meeting. (7) Section 11 is applicable, with the necessary changes, as regards the meetings of any committee. (8) The members of any committee, including the Complaints and Compliance Committee, who are not councillors or members of the staff of the Authority must be paid such remuneration and allowances as the Council determines.

[Subsection (8) substituted by Section 30 of Act No. 64 of 2002] [Subsection (8) substituted by Section 18(b) of Act No. 3 of 2006]

(9) For purposes of subsection (8), the Council may differentiate between different committees and different members thereof.

Establishment of Complaints and Compliance Committee 17A. (1) The Authority must establish a Complaints and Compliance Committee which consists of not more than seven members, one of whom must be a councillor. (2) The chairperson of the Complaints and Compliance Committee must be – (a) a judge of the High Court of South Africa, whether in active service or not; (b) an advocate or attorney with at least 10 years‟ appropriate experience; or (c) a magistrate with at least 10 years‟ appropriate experience, whether in active service or not. (3) The chairperson of the Complaints and Compliance Committee must – (a) manage the work of the Complaints and Compliance Committee; and (b) preside at hearings of the Complaints and Compliance Committee. (4) A member of the Complaints and Compliance Committee must be a fit and proper person and must - (a) have suitable qualifications and experience in communications, economics, electronic engineering, broadcasting, law, commerce, technology or public policy; (b) be committed to the objects of this Act and the underlying statutes; (c) not be an office-bearer or an employee of any party, movement or organisation of a party-political nature; (d) not be an unreliable insolvent; (e) not be mentally ill or disordered; (f) not have been convicted of an offence after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) and sentenced to imprisonment without the option of a fine; and (g) not be subject to any disqualification contemplated in section 6 and be subject to the provisions of section 12.

[Section 17A inserted by Section 19 of Act No. 3 of 2006]

Functions of Complaints and Compliance Committee 17B. The Complaints and Compliance Committee –

(a) must investigate, and hear if appropriate, and make a finding on – (i) all matters referred to it by the Authority; (ii) complaints received by it; and (iii) allegations of non-compliance with this Act or the underlying statutes received by it; and (b) may make any recommendations to the Authority necessary or incidental to – (i) the performance of the functions of the Authority in terms of this Act or the underlying statutes; or (ii) achieving the objects of the Act and the underlying statutes.

[Section 17B inserted by Section 19 of Act No. 3 of 2006]

Procedures of Complaints and Compliance Committee 17C. (1)(a) A person who has reason to believe that a licensee is guilty of any noon-compliance with the terms and conditions of its licence or with this Act or the underlying statutes may lodge a complaint with the Authority within

60 days of becoming aware of the alleged non-compliance. (b) The Authority may direct the complaint to the Complaints and Compliance Committee for consideration. (2) Before the Complaints and Compliance Committee hears a matter it must - (a) provide the licensee to the dispute with - (i) a copy of the complaint where a complaint has been lodged; and (ii) a notice setting out the range of the alleged non-compliance (b) afford the licensee a reasonable opportunity to respond to the allegations in writing; and (c) afford the complainant a reasonable opportunity to reply to such response in writing where a complaint has been lodged. (3) The Complaints and Compliance Committee must hear oral representations made by the parties referred to in subsection (2) and must permit such parties to be assisted by a legal representative or other adviser. (4) The Complaints and Compliance Committee may hold a pre-hearing conference for the purpose of giving direction to the parties regarding the procedure to be followed at a hearing and other relevant matters determined by the Complaints and Compliance Committee. (5) Notwithstanding this section, the Authority may prescribe procedures for the handling of urgent complaints and non-compliance matters. (6) Sections 4C(2), (4) and (5) and 4D apply with the necessary changes required by the context to a hearing conducted by the Complaints and Compliance Committee. (7)(a) The Complaints and Compliance Committee must keep a record of all complaints received by it, all notices contemplated in subsection (2) issued by it and a record of all its proceedings and findings. (b) Such record must be open to inspection by the public at the premises and during the normal office hours of the Authority. (c) The Authority must, when so requested by any person and upon payment of the prescribed fee, provide such person with a copy of or extract from such record.

[Section 17C inserted by Section 19 of Act No. 3 of 2006]

Findings of Complaints and Compliance Committee 17D(1) The Complaints and Compliance Committee must make a finding within 90 days form the date of conclusion of a hearing contemplated in section 17B. (2) The Complaints and Compliance Committee must recommend to the Authority what action by the Authority should be taken against a licensee, if any. (3) The Complaints and Compliance Committee must submit its finding and recommendations contemplated in subsections (1) and (2) and a record of such proceedings to the Authority for a decision regarding the action to be taken by the Authority.

[Section 17D inserted by Section 19 of Act No. 3 of 2006]

Decision by Authority 17E(1) When making a decision contemplated in section 17D, the Authority must take all relevant matters into account, including- (a) the recommendations of the Complaints and Compliance Committee; (b) the nature and gravity of the non-compliance; (c) the consequences of the non-compliance; (d) the circumstances under which the non-compliance occurred; (e) the steps taken by the licensee to remedy the complaint; and (f) the steps taken by the licensee to ensure that similar complaints will not be lodged in the future. (2) The Complaints and Compliance Committee may recommend that one or more of the following orders be issued by the Authority, namely- (a) direct the licensee to desist from any further contravention; (b) direct the licensee to pay as a fine the amount prescribed by the Authority in respect of such non-compliance or non-adherence; (c) direct the licensee to take such remedial or other steps in conflict with this Act or the underlying statutes as may be recommended by the Complaints and Compliance Committee; (d) where the licensee has repeatedly been found guilty of material violations- (i) Prohibit the licensee form providing the licensed service for such a period as may be recommended by the Complaints and Compliance committee, subject to the proviso that a broadcasting or communications service, as applicable, must not be suspended in terms of this subsection for a period in excess of 30 days or

(ii) amend or revoke his or her licence; and (e) direct the licensee to comply with any settlement. (3) The Complaints and Compliance Committee must submit its finding and recommendations contemplated in subsections (1) and (2) and a record of its proceedings to the Authority for a decision regarding the action to be taken by the Authority within 60 days. (4) The Authority must make a decision permitted by this Act or the underlying statutes and provide persons affected by such decision with written reasons therefor.

[Section 17E inserted by Section 19 of Act No. 3 of 2006]

Inspectors 17F(1) The Authority must appoint suitably qualified inspectors to perform the functions provided for in this Act.

(2) Any person who is not in the full-time service of the Authority and who is appointed as an inspector pursuant to subsection (1) must be paid such remuneration as the Authority may determine. (3) An inspector appointed in terms of subsection (1) must be provided with a certificate of appointment stating that he or she has been appointed as an inspector in terms of this Act signed by or on behalf of the chairperson of the Council. (4) When an inspector performs a function in terms of this Act, he or she must be in possession of such certificate of appointment and show it at the request of any person affected by the performance of such function. (5) An inspector must- (a) monitor compliance by licensees of licence terms and conditions; (b) monitor compliance by licensees with the provisions of this Act and the underlying statutes; (c) investigate and evaluate any alleged or suspected- (i) non-compliance by a licensee with its licence terms and conditions and provisions of this Act or the underlying statutes; (ii) breach by a licensee of an agreement between such licensee and its subscriber; (iii) failure to provide a communications service that the licensee is required to provide under the terms of its licence or in terms of this Act or the underlying statutes; (d) refer all non-compliance matters to the Complaints and Compliance Committee for consideration where an inspector determines that a licensee has not complied with the terms and conditions of its licence, the provisions of this Act or the underlying statutes of failed to provide broadcasting or communications services; (e) refer all complaints to the Complaints and Compliance Committee for consideration after an investigation into the complaint has been carries our; (f) appear before the Complaints and Compliance Committee when requested by such committee; (g) co-operate with enforcement officials when performing his or her functions (6) The Authority may prescribe the procedures to be followed by inspectors.

[Section 17F inserted by Section 19 of Act No. 3 of 2006]

Power of inspector to enter, search and seize 17G (1) The Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes required by the context to entries, searches and seizures in terms of this Act. (2) An inspector appointed in terms of section 17F may, in order to carry out his or her functions under this Act or the underlying statutes, at any reasonable time without prior notice and on the authority of a warrant issued of subsection(4) enter any premises and- (a) demand the production of a licence issued in terms of the underlying statutes for inspection/ (b) search such premises or the owner or person in control of such premises; (c) inspect any book, record or other document found on such premises and make copies thereof; (d) inspect any radio apparatus, studio, plant, transmitters, apparatus, other equipment or other broadcasting, communications or postal service facilities on the premises; (e) inspect anything referred to in paragraph (c) which is in the possession of or used by, or suspected of being in the possession of or being used by, any person in contravention of this Act, the underlying statutes or an applicable licence; (f) request the owner or person in control of such premises or any person on such premises who may reasonably be expected to have the necessary information to furnish information regarding a document or thing; (g) seize for further examination or safe custody any document or thing which has a bearing on the alleged non- compliance or other act referred to in section 17F on such premises.

(3) An inspector requesting information from a person in terms of subsection (2) must, before requesting such information, inform the person in a language that the person understands of- (a) the right to remain silent; and (b) the consequences of not remaining silent. (4)(a) A magistrate or judge may, upon request by an inspector, issue a warrant to such inspector. (b) A magistrate or judge must issue a warrant if it appears to him or her, from information on oath or affirmation, that there are reasonable grounds for believing that a document or thing which has a bearing on the alleged non- compliance or other act referred to in section 17F - (i) is or will be in the possession or under the control of any person or on or in any premises within the area of jurisdiction of that magistrate or judge; and (ii) cannot reasonably be obtained otherwise. (5)(a) The warrant contemplate in subsection (4) must identify the premises that may be entered and searched and specify which of the acts contemplated in subsection (2)(a) to (g) may be performed thereunder by the inspector to whom it is issued. (b) Such warrant may be issued on any day and is valid until- (i) it is executed; (ii) it is cancelled by the person who issued it or, if such person is not available, by a person with similar authority; (iii) the expiry of one month from the day of its issue; or (iv) the purpose for which the warrant was issued no longer exists. (6) An inspector must, immediately before commencing the execution of a warrant issued in terms of subsection (4)- (a) identify himself or herself to the owner or person in control of the premises referred to in such warrant; and (b)hand to such person a copy of the warrant. (7) An inspector who removes a document or thing from any premises under this section must issue a receipt to the person who is the owner or in possession or in control thereof.

[Section 17G inserted by Section 19 of Act No. 3 of 2006]

Offences and Penalties 17H(1) A person is guilty of an offence if that person-

(a) fails to comply with a notice issued under section 4(3)(g) or 4C(2)(a) or (b); (b) fails to answer a question put to him or her in terms of section 4C(2)(c); (c) makes a false statement before the Authority on any matter, knowing such statement to be false; (d) contravenes section 14C; (e) contravenes section 16A; (f) fails to comply with a decision made by the Authority in terms of section 17E ; or (g) (i) fails to comply with a demand of an inspector appointed in terms of section 17F; (ii) hinders or obstructs such inspector in the exercise of his or her powers; or (iii) falsely holds himself or herself out as an inspector. (2) A person convicted of an offence in terms of subsection (1) is liable, in the case of a contravention of- (a) subsection (1)(a),(b) and (c), to a fine not exceeding R250 000; (b) subsection (1)(d), to a fine not exceeding R50 000 or to imprisonment not exceeding three years; (c) subsection (1)(e) and (f), to a fine not exceeding R1 000 000 or to imprisonment not exceeding five years; and (d) subsection (1)(g), to a fine not exceeding R 15 000. (3) Any person who- (a) in applying for a licence in terms of this Act or the underlying statutes or for the renewal, amendment or transfer of such licence, in his or her application furnishes any false or misleading information or particulars or makes any statement which is false or misleading in any material respect, or who willfully fails to disclose any information or particulars material to his or her application; (b) provides a service without a licence or registering as required by this Act or the underlying statutes or fails to obtain the prior written permission of the Authority before transferring a licence; (c) fails to keep records as required by this Act or the underlying statutes; (d) fails to comply with any order made by the Authority in terms of this Act or the underlying statutes; (e) acts in disregard of any prohibition imposed by order of the Authority in terms of this Act or the underlying statutes; (f) fails to produce any licence issued to him or her under this Act or the underlying statutes on the demand of any authorized person, or who hinders or obstructs any authorised person in the exercise or performance by the latter of his or her powers, functions or duties in terms of this Act or the underlying statutes;

(g) has been required in terms of this Act or the underlying statutes to attend and make a statement or to produce any document or object before the Authority who, without sufficient cause, fails to attend at the time and the place specified in the notice, or to remain in attendance until the conclusion of the inquiry or hearing for the purpose he or she is required or until he or she is excused by the chairperson to do so or fails to answer fully and satisfactorily any question lawfully put to him or her, or fails to produce any document or object in his or her possession or custody or under his or her control, which he or she has been required to produce; (h) willfully interrupts the proceedings at any such inquiry or hearing or willfully hinders or obstruct the Authority or any member thereof in the performance of its or his or her functions at the inquiry or hearing, is guilty of an offence and liable on conviction- (i) in the case of an offence contemplated in paragraph (a) to a maximum fine of R250 000; (ii) in the case of an offence contemplated in paragraph (b) to a fine not exceeding the greater (iii) of R1 000 000 or 10% of the person or licensee‟s annual turnover for everyday or part thereof during which the offence continued; (iv) in the case of an offence contemplated in paragraph (c),(d), and (e) of this subsection, to a fine not exceeding R100 000; (v) in the case of an offence contemplated in paragraph (f), (g) and (h) of this subsection, to a maximum fine of R250 000. (4) The court convicting a person of any offence referred to in subsection (3)(b) of this section may, in addition to any transmitters, apparatus and other equipment and any article, object or thing by means of which such offence was committed, to be forfeited to the Authority: Provide that such declaration must not be so made upon proof to the satisfaction of the court that such transmitter, apparatus, equipment, article, object or thing is not the property of the person so convicted and that, as regards such article, object or thing, the owner thereof was unable to prevent it from being used as a means to commit such offence.

[Section 17H inserted by Section 19 of Act No. 3 of 2006]

CHAPTER IV TRANSITIONAL PROVISIONS

Dissolution of IBA and SATRA, and first meeting of Council 18.

[Section 18 repealed by Section 20 of Act No. 3 of 2006]

Transfer of staff 19.

[Section 19 repealed by Section 20 of Act No. 3 of 2006]

Passing of assets and liabilities to Authority 20.

[Section 20 repealed by Section 20 of Act No. 3 of 2006]

Pending matters 21. Any application, proceedings or similar matter pending before the former authorities at the establishment date must be dealt with by the Authority under the relevant underlying statute.

[Subsection 2 amended by Section 21 of Act No. 3 of 2006]

Savings 22. (1) Anything done before the commencement of this Act under or in terms of a provision repealed or amended by this Act must be regarded, unless clearly inappropriate, to have been done under or in terms of the corresponding provision of this Act. (2) Any reference to any of the former authorities in any law must be regarded, unless clearly inappropriate, to be a reference to the Authority. (3) The Authority is the legal successor of the former authorities.

CHAPTER V GENERAL

Repeal and amendment of laws 23. The laws specified in the second column of Schedule 1 are hereby repealed or amended to the extent indicated in the third column thereof.

Application of Act 24. In the event of any conflict between the provisions of this Act and any other prior law relating to the regulation of broadcasting and telecommunications, the provisions of this Act prevail.

Short title and commencement 25. 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.

Schedule 1

LAWS AMENDED OR REPEALED

No. and year of Law Short title Extent of repeal Act No. 153 of 1993 Independent Broadcasting Act,

1993 1. The amendment of section 1 by the substitution for

the definitions of “Authority”, “chairperson”, “Council” and “councillor” of the following definitions, respectively:

(a) “ „Authority‟ means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000”;

(b) “ „chairperson‟ means the chairperson appointed under section 5(2) of the Independent Communications Authority of South Africa Act, 2000”;

(c) “ „Council‟ means the Council contemplated in section 3(2) of the Independent Communications Authority of South Africa Act, 2000”;

(d) “ „councillor‟ means any councillor appointed under section 5(1) of the Independent Communications Authority of South Africa Act, 2000”. 2. The amendment of section 2 by the insertion of the following paragraph after paragraph (g):

“ (gA) promote the empowerment and advancement of women in the broadcasting services”.

3. The repeal of section 3. 4. The repeal of section 4. 5. The repeal of section 5. 6. The repeal of section 6. 7. The repeal of section 7. 8. The repeal of section 8. 9. The repeal of section 9. 10. The repeal of section 10. 11. The repeal of section 11. 12. The repeal of section 12. 13. The amendment of section 13 by the deletion of subsection (2). 14. The amendment of section 13A by the deletion of subsection (9). 15. The repeal of section 14. 16. The repeal of section 15. 17. The repeal of section 17(2). 18. The repeal of section 18. 19. The repeal of section 19. 20. The repeal of section 20. 21. The amendment of section 21 by the deletion of subsection (2). 22. The amendment of section 22 by the deletion of subsections (1), (2) and (3)(b). 23. The repeal of section 23. 24. The repeal of section 24. 25. The repeal of section 25. 26. The repeal of section 26. 27. The amendment of section 29 by the deletion of

No. and year of Law Short title Extent of repeal subsection (4)(a) and (b). 28. The amendment of section 67 by the deletion of subsection (1).

Act No. 103 of 1996 Telecommunications Act, 1996 1. The amendment of section 1 - (a) by the substitution for the definitions of “Authority”, “Council” and “councillor” of the following definitions, respectively: (i) “ „Authority‟ means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000”; (ii) “ „Council‟ means the Council contemplated in section 3(2) of the Independent Communications Authority of South Africa Act, 2000”; (iii) “ „councillor‟means any councillor appointed under section 5(1) of the Independent Communications Authority of South Africa Act, 2000”; (b) by the insertion after the definition of “broadcasting signal distribution” of the following definition: “ „chairperson‟ means the chairperson appointed under section 5(2) of the Independent Communications Authority of South Africa Act, 2000”; and (c) by the deletion of the definition of “family member”. 2. The amendment of section 5 by the deletion of subsections (1), (2) and (3). 3. The repeal of section 6. 4. The repeal of section 7. 5. The repeal of section 8. 6. The repeal of section 9. 7. The repeal of section 10. 8. The repeal of section 11. 9. The repeal of section 12. 10. The repeal of section 13. 11. The repeal of section 14. 12. The repeal of section 15 13. The repeal of section 16. 14. The repeal of section 17. 15. The repeal of section 18. 16. The repeal of section 19. 17. The repeal of section 20. 18. The repeal of section 21. 19. The repeal of section 22. 20. The repeal of section 23. 21. The repeal of section 24. 22. The repeal of section 25. 23. The amendment of section 28 by the 24. deletion of subsection (3). 25. The amendment of section 94 by the 26. deletion of the expression "Authority and" 27. wherever it appears in the heading and in 28. subsections (1), (2) and (3).

No. and year of Law Short title Extent of repeal Act No. 4 of 1999 Broadcasting Act, 1999 1. The amendment of section 1 by the substitution for

the definition of “Authority” of the following definition: “ „Authority‟ means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000”.

Schedule 2 [Schedule 2 repealed by Section 22 of Act No. 3 of 2006]