ICASA has given notice to licensees that it has established a Council Committee with the mandate to consider section 5(3) of the CPA and provide advice to Council. ICASA made it clear that it will undertake a consultative process before making a final determination on an application for exemption.
Section 5(3) of the CPA:
(3) A regulatory authority may apply to the Minister for an industry-wide exemption from one or more provisions of this Act on the grounds that those provisions overlap or duplicate a regulatory scheme administered by that regulatory authority in terms of—
(a) any other national legislation; or
(b) any treaty, international law, convention or protocol.