18
‘‘(1) The Authority must establish a Complaints and Compliance
Committee which consists of not more than seven members, appointed
for a three-year term of office which is renewable for one additional term
only, one of whom must be a councillor.’’;
(b) by the insertion after subsection (1) of the following subsection:
5
‘‘(1A) The Authority must appoint one of the members contemplated
in subsection (1) as chairperson of the Complaints and Compliance
Committee.’’; and
(c) by the substitution in subsection (4) for paragraph (b) of the following
paragraph:
10
‘‘(b) be committed to the functions and work of the Complaints and
Compliance Committee and the objects of this Act and the
underlying statutes and must not act or behave in a manner that
undermines those functions, work or objects;’’.
Amendment of section 17C of Act 13 of 2000, as inserted by section 19 of Act 3 of 15
2006
23. Section 17C of the principal Act is hereby amended by the substitution for
subsection (1) of the following subsection:
‘‘(1) (a) A person who has reason to believe that a licensee or another person is
guilty of any non-compliance with—
(i) the terms and conditions of [its] a licence [or];
(ii) [with] this Act; or
(iii) 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—
(i) where the complaint concerns a licensee, direct the complaint within 30 days
of receipt of the complaint, to the Complaints and Compliance Committee for
consideration;
(ii) where the complaint concerns a person who is not a licensee, lay a charge
against that person with the appropriate authority or institution or refer the
matter to the appropriate authority or institution in terms of a concurrent
jurisdiction agreement concluded between the Authority and that authority or
institution within 30 days of receipt of the complaint; or
(iii) investigate the complaint as contemplated in section 4(3)(n).’’.
20
25
30
35
Amendment of section 17F of Act 13 of 2000, as inserted by section 19 of Act 3 of
2006
24. Section 17F of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) The Authority must appoint suitably qualified inspectors to 40
perform the functions provided for in this Act and may terminate any
such appointment for good cause.’’; and
(b) by the substitution for subsection (5) of the following subsection:
‘‘(5) An inspector must, when instructed to do so by the Council—
(a) monitor compliance by licensees [of] with licence terms and 45
conditions and licence exemptions;
(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 50
conditions, licence exemption, and provisions of this Act or the
underlying statutes;
(ii) breach by a licensee of an agreement between such licensee
and its subscribers;