92
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(d) the protection for consumers including disclosure of consumer rights relating
to—
(i) numbers and number portability; and
(ii) the process and procedures to be followed for resolving subscriber
complaints and affording subscribers remedies in the form of discounts 5
and credits when the electronic communications network service
licensee or electronic communications services licensee fails to meet its
obligations under this section; and
(e) a framework, including a schedule for transforming the numbering plan to a
non-geographic numbering system taking into account similar non-geo- 10
graphic numbering plans adopted in other jurisdictions and implementation of
electronic numbering, allowing the inter-operation between telephone numbers and the Internet domain name system.
CHAPTER 12
CONSUMER ISSUES
15
Code of conduct, end-user and subscriber service charter
69. (1) The Authority must, as soon as reasonably possible after the coming into force
of this Act, prescribe regulations setting out a code of conduct for licensees subject to
this Act and persons exempted from holding a licence in terms of section 6 to the extent
such persons provide a service to the public.
(2) The Authority may develop different codes of conduct applicable to different types
of services. All electronic communications network services licence and electronic
communications service licensees must comply with the Code of Conduct for such
services as prescribed.
(3) The Authority must, as soon as reasonably possible after the coming into force of
this Act, prescribe regulations setting out the minimum standards for and end-user and
subscriber service charters.
(4) The Authority may develop different minimum standards for and end-user and
subscriber service charters for different types of services.
(5) The matters which an end-user and subscriber service charter may address
include, but are not limited to—
(a) the provision of information to end-users and subscribers regarding services,
rates, and performance procedures;
(b) provisioning and fault repair services;
(c) the protection of private end-user and subscriber information;
(d) end-user and subscriber charging, billing, collection and credit practices;
(e) complaint procedures and the remedies that are available to address the
matters at issue; and
(f) any other matter of concern to end-users and subscribers.
(6) Where an end-user or subscriber is not satisfied after utilising the complaint
procedures set out in the regulations, his or her complaint may be submitted to the
Authority in accordance with the provisions of section 17C of the ICASA Act.
20
25
30
35
40
People with disabilities
70. The Authority must prescribe regulations setting out a code on people with
45
disabilities that will be applicable to all categories of licences.
Consumer Advisory Panel
71. (1) The Authority must establish a consumer advisory panel that will advise the
Authority on matters relating to consumer issues in the Republic.
(2) The constitution of the consumer advisory panel must be as prescribed.