Independent Communications Authority of South Africa - Mandate and Purpose

Mandate and Purpose

ICASA’s mandate is to regulate electronic communications (i.e. broadcasting and telecommunications) and postal services in the public interest. It derives its mandate from the following primary pieces of legislation (and subsequent amendments thereto):

• The Constitution of the Republic of South Africa;
• The Independent Communications Authority of South Africa Act No 13 of 2000 (ICASA Act);
• The Electronic Communications Act No 36 of 2005 (ECA)
• The Broadcasting Act No 4 of 1999;
• The Electronic Communications and Transaction Act No 25 of 2002 (ECT Act);
• The Promotion of Administration Justice Act No 3 of 2000 (PAJA).

Some of functions of ICASA include the following:

• To license broadcasters, signal distributors, providers of telecommunication services and postal services;
• To make regulations;
• To impose license conditions;
• To plan, assign, control, enforce and manage the frequency spectrum;
• To ensure international and regional co-operation;
• To consult with Ministry of Communications;
• To give effect to the EC Act of 2005; and
• Ultimately decide on complaints.

Below are some of the relevant sections from the legislations highlighting ICASA's mandate and purpose :-

• The Constitution of the Republic of South Africa
  • "The constitution of the Republic of South Africa (SA) places a duty on Parliament to establish an independent regulatory institution which is required to provide for the regulation of broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society. Parliament is deemed it fit to add the regulation of electronic communications and postal services to this function." (ICASA, Mr Paris Mashile, 9 January 2007)(S192)
  • ICASA is a licensing body, a regulator and a quasi judicial body because it licenses, regulates, adjudicates and issues sanctions.(S34)
  • ICASA is also an organ of state bound by the Bill of Rights (S8).
  • "The work of ICASA is aimed at the protection of democracy and ensuring free and open airwaves and access to accommodation." (S16)

• The Broadcasting Amentment Act of 2002
  • The Act amended the IBA Act of 1993, and sought to clarify the powers of the Minister and the regulator
  • The Act called for a new Broadcasting Policy that will, among others, contribute to democracy, development of society, gender equality, nation building, provision of education and strengthening the spiritual and moral fibre of society.

• The Independent Communications Authority of South Africa Act of 2006 (ICASA Amendment Act)
  • The primary object of this Act was to provide for the regulation and control of telecommunication matters in the public interest. It sought, among others, to promote the universal and affordable provision of telecommunication services (Chpt 1).
  • The Act established the South African Telecommunications Regulatory Authority, and this regulator shall be independent and impartial(Chpt II ).

• The Electronic Communications Act of 2005 (ECA)
  • The substantive regulatory function of ICASA is pertaining to broadcasting, postal services and electronic communications sector.
  • ICASA plays a concurrent function with Competition Commission of competition matters(Chapter 10).
  • The Code and mechanism of the National Association of Broadcasters on content regulation has been approved by ICASA (S54(2)).
  • ICASA strives to create a conducive and predictable regulatory environment to achieve the stated objects of EC Act of 2005, section 2 (S2).

• The Competition Act of 1998
  • The Competition Commission and Competition Tribunal plays a complementary role or co-jurisdiction role with ICASA on competition matters within the electronic communications environment (s82 (1)).
  • The Competition Commission holds an ex post jurisdiction over competition related matters. ICASA holds an ex ante and ex post jurisdiction over competition related matters.

• The Promotion of Administration Justice Act of 2000 (PAJA) and
  • PAJA binds ICASA in its deciding functions and the Complaints and Compliance in their exercise of their administrative and judicial functions. According to Mr Paris Mashile (9 January 2007, p. 5) "…ICASA has been entrusted, full consultation and transparency are governing principles as prescribed by PAJA and the law dictates of administrative justice.
• The Postal Services Act of 1998