100 Approval of tariffs by Authority
(1) At the time of applying for the issue or renewal of his licence, a cellular telecommunication licensee,
postal licensee or telecommunication licensee shall submit for the approval of the Authority written particulars of
his proposed tariff at the commencement of the licensing period.
(2) If a cellular telecommunication licensee, postal licensee or telecommunication licensee proposes to
amend or replace the tariff that was approved at the time when his licence was issued or renewed, he shall give
notice to the Authority within such period and in such form and manner as the Authority may require or as may be
prescribed.
(3) The Authority shall, within fourteen days of the receipt of the proposal, respond in writing confirming
whether or not a proposal submitted in terms of subsection (2) is approved, and where the Authority has not so
responded within such period, the proposal shall be deemed to have been approved by the Authority.
(4) The Authority shall not unreasonably refuse to approve a proposal submitted in terms of subsection (1) or
(2).
(5) No amended or substituted tariff shall come into operation before the expiry of seven days following its
approval by the Authority or the expiry of twenty-one days following the submission of a proposal in terms of
subsection (2) to which no response has been received.
(6) A licensee to whom this section applies shall publish his tariff by
(a) making it available for inspection at his principal places of business during normal business hours; and
(b) promptly sending the relevant parts of it at the request of any consumer of his services.
101 Recovery of fees and contributions
(1) On the conviction of a person for an offence in terms of section thirty-one, thirty-two, thirty-three, thirtyfour or thirty-five, the court convicting the accused may, on the application of the prosecutor and in addition to
any penalty which it may impose, give summary judgment in favour of the Authority for the amount of the
appropriate licence fee.
(2) A judgment given by a court in terms of subsection (1) shall have the same force and effect and may be
executed in the same manner as if the judgment had been given in a civil action instituted in the court.
(3) The Authority may, by action in a competent court, recover the amount of a licence fee or contribution
payable in terms of this Act.
102 Proceedings on failure of Authority to comply with Act or direction
(1) If at any time it appears to the Minister that the Authority has failed to comply with this Act or with a
direction given to it in terms of section twenty-five or twenty-six, he may, by notice in writing, require the Board to
make good the default within a specified period.
(2) If an act or thing required to be done in terms of this Act is omitted to be done or is not done in the
manner or within the time so required, the Minister may order all such steps to be taken as in his opinion are
necessary or desirable to rectify such act or thing, and the said act or thing when done in terms of the said order
shall be of the same force and validity as if originally done in accordance with the appropriate provisions of this
Act.
(3) Any expenses incurred by the Minister in the exercise of his powers in terms of subsection (2) shall be
defrayed from the funds of the Authority.
103….
[Section repealed by section 19 of Act 6 of 2005]
104 Disclosure of confidential information and use of information acquired by inspectors, etc.,
for personal gain
(1) If an inspector or member or employee of the Authority in the course of his duties as such acquires
information relating to the financial affairs of any person, or to any commercial secret, he shall not for personal
gain make use of such information, nor disclose it to any other person except
(a) for the purpose of legal proceedings under this Act or any other law; and
(b) to the extent that it may be necessary to do so for the purpose of this Act or any other law, to another
inspector or member or employee of the Authority.
(2) No inspector or member or employee of the Authority shall, for personal gain, make use of any
information acquired by him in the course of his duties as such for a period of five years after the date on which
he ceased to be an inspector, member or employee.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to the forfeiture
of any proceeds accruing to him on account of the contravention and to a fine not exceeding level ten or to
imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
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