[12 December 2018] In our post of 8 April 2018 below we provide some analysis of the judgement of the Western Cape High Court in the matter of Dark Fibre Africa (DFA) vs The City of Cape Town. This matter was appealed by DFA to the Supreme Court of Appeal, which confirmed the High Court [...]
[3 December 2018] Submissions and presentations made on the Electronic Communications Amendment Bill [B31-2018] can be found at the links below: ABT Africa Group Acacia Economics Association of Black Securities and Investment Professionals Broadband Infraco Business Unity South Africa ISPA Koboro Liquid Media Monitoring Africa Mr George Buthelezi MTN (letter) | MTN (submission) | MTN [...]
[24 November 2018] The Cybercrimes Bill was adopted by the Portfolio Committee for Justice and Correctional Services on 7 November 2018 and will now go to the National Assembly for debate on 27 November 2018. __ [30 October 2018] The Department of Justice and Constitutional Development presented a radically amended version of the Bill to the [...]
[4 October 2018] ICASA has published a discussion document soliciting the views of stakeholders as to whether it should play a role in cybersecurity, with specific reference to: Private sector cooperation and industry regulation Capacity building Research and development, and Regulation of cybersecurity standards Inquiry into the Role and Responsibilities of ICASA in Cybersecurity ICASA publishes [...]
[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 [...]
[16 September 2015] The Maintenance Amendment Act 9 of 2015 has been published in the Government Gazette for general information. Maintenance Amendment Act 9 of 2015 While the majority of the Act came into force on publication on 9 September 2015, provisions relating to electronic communications service providers will only come into force at a [...]
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