STAATSKOERANT, 24 JANUARIE 2014
No. 37261
Constitution
Legislation
Ministerial Policy Directives
Regulations
Licence Conditions
Self- Regulation
Internal corporate rules
The Constitution is binding on all role players and is the basis of legislation and all activities
in the communications sector. In particular, the Constitution directs the sector policy to
uphold and extend the rights of all South Africans as enshrined in the Bill of Rights.
Legislation translates the major policy principles into a legislative framework. Legislation sets
the objectives of the communications sector in law, assigns roles to the different players,
establishes the procedures that define major activities and provides for enforcement
mechanisms.
From time to time, Ministerial Policy Directives are issued for consideration by the Regulator.
These Policy Directives must be in line with legislation. Regulations are developed by the
Regulator to direct network operators and/or service providers to behave in a particular
manner concerning a determination and are issued after a public consultation process
involving the operators and other interested parties.
Licence conditions are issued to an individual operator or a class of operators in case
licences are not significant and can be licensed through a registration process The licence
conditions contain the parameters of the services to be offered, universal service obligations
that are expected from the licensee, and the fees that must be paid to use the radio
frequency spectrum.
Self-regulation refers to undertakings made by industry associations, which the industry itself
monitors and enforces according to codes of behaviour that are established by the industry
associations and submitted to the regulator. Internal corporate rules and policies govern the
conduct of the network and/or service providers in their internal operations but many, such
as human resources policies, must be submitted to the Authority so that it can monitor
transformation and other conditions that may be attached to the licence.
12.2 Review of the roles of different Institutions involved in policy
12.2.1 Parliament
Section 43 of the Constitution vests the legislative authority to pass and amend laws in
Parliament. Parliament therefore plays a critical role in translating major policy principles into
legislation. The legislation in turn assigns responsibility to government, regulatory authorities
and service providers. Parliament, acting through the Portfolio and Select Committees on
Communications, holds the government, regulatory authorities and other public entities
involved in the sector to account in terms of their annual performance plans, budgets and
audits. Parliament has also on many occasions conducted inquiries into the various activities
of the communications sector involving public, private and community operators.
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