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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(ii) inviting interested persons to submit written submissions in relation to
the policy direction in the manner specified in such notice in not less than
30 days from the date of the notice;
(c) must publish a final version of the policy direction in the Gazette.
(6) The provisions of subsection (5) do not apply in respect of any amendment by the 5
Minister of a policy direction contemplated in subsection (2) as a result of
representations received and reviewed by him or her after consultation or publication in
terms of subsection (5).
(7) Subject to subsection (8), a policy direction issued under subsection (2) may be
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amended, withdrawn or substituted by the Minister.
(8) Except in the case of an amendment contemplated in subsection (6), the provisions
of subsection (3) and (5) apply, with the necessary changes, in relation to any such
amendment or substitution of a policy direction under subsection (7).
(9) The Authority may make recommendations to the Minister on policy matters in
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accordance with the objects of this Act.
Regulations by Authority
4. (1) The Authority may make regulations with regard to any matter which in terms
of this Act or the related legislation must or may be prescribed, governed or determined
by regulation. Without derogating from the generality of this subsection, the Authority
may make regulations with regard to—
(a) any technical matter necessary or expedient for the regulation of the services
identified in Chapter 3;
(b) any matter of procedure or form which may be necessary or expedient to
prescribe for the purposes of this Act or the related legislation;
(c) the payment to the Authority of charges and fees in respect of—
(i) the supply by the Authority of facilities for the inspection, examination
or copying of material under the control of the Authority;
(ii) the transcription of material from one medium to another;
(iii) the supply of copies, transcripts and reproductions in whatsoever form
and the certification of copies;
(iv) the granting of licences in terms of this Act or the related legislation;
(v) applications for and the grant, amendment, renewal, transfer or disposal
of licences or any interest in a licence in terms of this Act or the related
legislation; and
(d) generally, the control of the radio frequency spectrum, radio activities and the
use of radio apparatus.
(2) Different regulations may be made in respect of different—
(a) licences granted in terms of this Act; and
(b) uses of radio frequency spectrum.
(3) Any regulation made by the Authority in terms of subsection (1) may declare a
contravention of that regulation to be an offence, provided that any such regulation must
specify the penalty that may be imposed in respect of such contravention taking into
account section 17H of the ICASA Act.
(4) The Authority must, not less than thirty (30) days before any regulation is made,
publish such regulation in the Gazette, together with a notice—
(a) declaring the Authority’s intention to make that regulation; and
(b) inviting interested parties to make written representations on the regulation.
(5) The Authority must, not less than 30 days prior to making regulations, inform the
Minister in writing of its intention and the subject matter of the regulations.
(6) The Authority may conduct public hearings in respect of a draft regulation.
(7) The provisions of subsection (4) do not apply with regard to—
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