[19 February 2024] ICASA has extended its call for submissions from industry on how the regulator can use its powers to alleviate service provisions challenges arising from the ongoing energy supply constraint. Presumably there was a limited initial response.
ICASA Loadshedding Inquiry re-opening of period for submissions 16 February 2024
The deadline for written submissions – including responses to the questionnaire provided – is now 16h00 on Friday, 01 March 2024 and these can be emailed to electricitycrisis@icasa.org.za.
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[3 December 2023] ICASA has published notice of its intention to proceed with an inquiry into the effects of loadshedding and the regulatory relief measures the Authority may consider as it seeks ways to alleviate the impact of load shedding in the electronic communications, broadcasting and postal sectors.
ICASA Notice of intention to conduct an inquiry into the impact of loadshedding on licensees
The notice includes a questionnaire, with responses to be emailed to electricitycrisis@icasa.org.za by no later than time 8 February 2024.
ICASA Load-Shedding Questionnaire
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[5 April 2023] Government has decided to terminate the state of disaster with immediate effect.
No further steps were taken by ICASA and there is now no legal basis for them to continue to consider the directions provided by the Minister.
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[29 March 2023] The Minister of Communications and Digital Technologies has issued directions to ICASA to ensure the sector implements measures dealing with the effects of the state of disaster, and – where applicable – to prevent the escalation of the electricity supply constraint.
SCHEDULE
1. Definitions
In these Directions, a word or expression to which a meaning has been assigned in the Electronic Communications Act, 2005 (Act No. 36 of 2005) and the Disaster Regulations bears the meaning so assigned and, unless the context otherwise indicates—
“Disaster Regulations” means the Regulations issued in terms of section 27(2) of the Disaster Management Act and published on 27 February 2023 in Government Notice No. R. 3095 of Government Gazette No. 48152.
2. Purpose
The purpose of these Directions is to ensure that measures are taken in respect of the communications and digital technologies sector to effectively deal with the effects of the national state of disaster and where applicable prevent the escalation of the electricity supply constraints.
3. Directions to the Independent Communications Authority of South Africa
3.1 The Minister directs the Independent Communications Authority of South Africa (the “Authority”), to urgently consider the following interventions:
(a) Require electronic communications service and electronic communications network service licensees that are mobile network operators and broadcasting service licensees to issue public service announcements on the national state of disaster, at no cost to the user, after consultation with the Government Communications and Information System;
(b) consult with electronic communications service, electronic communications network service and broadcasting service licensees on what constitutes critical electronic communications and broadcasting infrastructure and make recommendations to the Minister, to enable the Minister to inform the relevant Cabinet member regarding the granting of exemptions from load-shedding or reduced load shedding, as contemplated in regulation 5(1)(b) of the Disaster Regulations; and
(c) consult with electronic communications service, electronic communications network service and broadcasting service licensees on regulatory obligations that could be relaxed for the purposes of giving effect to the objects set out in the Disaster Regulations and make recommendations to the Minister, to enable the Minister to consider further directions to the Authority.
3.2 The Minister further directs that the Authority’s approach in respect of the consultation contemplated in paragraph 3.1(b) and (c) should be guided by –
(a) a consideration of the degree to which compliance with regulatory obligations by licensees is dependent upon access to a consistent electricity supply;
(b) measures necessary to effectively deal with the direct or indirect effects of the disaster; or
c) measures necessary to assist in preventing the escalation of the electricity supply constraints or in reducing its impact.
3.3 The Authority is requested to assess the impact of the interventions contemplated herein following its implementation, in order to make recommendations to the Minister on further actions required.
COMMENCEMENT
These Directions come into operation on the date of publication in the Government Gazette.
Disaster Management Act: Communications and digital technologies sector
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[23 March 2023] The Department of Trade, Industry and Competition, following consultation with the Competition Commission has published draft regulations intended to exempt categories of agreements or practices by energy users and suppliers in order to promote regulatory measures aimed at the prevention of an escalation of the electricity supply constraint and the spectre of a complete electricity blackout.
Stakeholders and interested persons are invited to submit comments on the draft regulations by 16h00 on 30 March 2023 for the attention of Ms Aldene Appolis | AAppolis@thedtic.gov.za or Mr Ivan Galodikwe | IGalodikwe@thedtic.aov.za.
Draft Block Exemption Regulations for Energy Users, 2023
Draft Block Exemption Regulations for Energy Suppliers, 2023
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[23 March 2023] The Minister of Cooperative Governance and Traditional Affairs has declared a national state of disaster in response to the unprecedented load shedding currently being experienced in the country. The regulations aim to mitigate the effects of the disaster, ensure critical infrastructure is functional, and enable mechanisms to expedite the generation of new electricity as well as improve the performance of Èskom’s existing plants.
Disaster Management Act (57/2002): Regulations issued in terms of Section 27 (2) of the Act