[2 April 2019] In a judgement which should be welcomed by most of industry, the Supreme Court of Appeal (SCA) has overturned the position taken by the High Court in the matter of Telkom SA SOC Ltd vs Residential Estate Dennegeur (Pty) Ltd & Vodacom (Pty) Ltd, ruling on the facts of the matter that [...]
[30 March 2019] ICASA has published its findings and positions in respect of any potential roles and responsibilities it may have with regard to cybersecurity through its nexus with electronic communications services and electronic communications network services licensees. Findings and Position Paper on the Role and Responsibilities of ICASA in Cybersecurity ICASA Media Release The [...]
[13 February 2019] We have been provided with a copy of the letter effecting the withdrawal of the Bill. Letter to Portfolio Committee Chair 12 February 2019 The letter suggests that: the Department has already engaged with some stakeholders about this process; and we are likely to have a further policy review process prior to [...]
[6 February 2019] The Select Committee on Security and Justice in the National Council of Provinces (NCOP) has invited the public to submit written comments on the Cybercrimes Bill as part of the NCOP's consideration of the Bill. Comments can be emailed to Mr G Dixon (gdixon@parliament.gov.za) by no later than 8 March 2019. __ [24 [...]
[19 December 2018] The Maintenance Act has been amended and section 7 came into effect on the 5th of January 2018. Under section 7 where a maintenance court – upon application made by a maintenance officer – is satisfied that all reasonable efforts to locate the whereabouts of a person have failed it may issue [...]
[7 December 2015] As introduced into Parliament by the Minister of Communications on 4 December 2015: Broadcasting Amendment Bill 2015 [B39-2015] ___ [15 November 2015] The Department of Communications has published a notice in the Gazette revealing its intention to introduce a Bill during November to amend the Broadcasting Act of 1999. Explanatory Summary Broadcasting Amendment [...]
A draft bill has explicitly made phishing and ID theft crimes for the first time, but some fear the legislation could harm free speech. Source: South Africa gets first look at cybercrime bill that comes with 25-year jail terms | ZDNet
[12 August 2015] The Prevention and Combating of Trafficking in Persons Act 7 of 2013 came into force on 9 August 2015. The stated purpose of this Act is to give effect to the Republic’s obligations concerning the trafficking of persons in terms of international agreements; to provide for an offence of trafficking in persons and [...]
[8 June 2015] Indications are that the next two years will see the introduction of a number of Bills which are likely to impact significantly on electronic communications in South Africa. Under the Department of Telecommunications and Postal Services (DTPS) there is now a clear path to the drafting of a new ICT Policy White [...]
[22 May 2014] The Electronic Communications Amendment Act 1 of 2014 came into force on 21 May 2014. Proclamation of EC Amendment Act 1 of 2014 ___ [15 April 2014] Overview of the Electronic Communications Amendment Act 1 of 2014 ___ [8 April 2014] The Electronic Communications Amendment Act 1 of 2014 was assented to by [...]
[17 May 2014] The ICASA Amendment Act 2 of 2014 commenced on 16 May 2014 in terms of a proclamation signed by the President on 10 May 2014. Commencement of ICASA Amendment Act 2014 ___ [15 April 2014] Overview of the ICASA Amendment Act 2014 ___ [8 April 2014] The ICASA Amendment Act 2 of 2014 [...]
Note: the below process was never finalised The Minister of Communications published a draft Electronic Communications and Transactions Amendment Bill for comment on 26 October 2012. The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") is the legislation which underpins digital commerce and regulation in South Africa. Electronic Communications and Transactions Amendment Bill [...]
Broadband Infraco Act 33 of 2007 Broadband Infraco Annual Report 2011 2012
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 [...]
To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters. Download the PDF
The Electronic Communications Act 36 of 2005 ("the ECA") is the primary legislative instrument governing the transmission of electronic communications in South Africa. Electronic Communications Act 36 of 2005 Electronic Communications Amendment Act 37 of 2007 Electronic Communications Amendment Act 1 of 2014
To amend the Electronic Communications Act, 2005, so as to empower the Minister to issue an additional policy direction; and to provide for matters connected Download the PDF Notice of Commencement
Primary enabling legislation relating to content in the form of electronic communications. Electronic Communications and Transactions Act 25 of 2002