Independent Communications Authority of South Africa
Encyclopedia
- "Icasa" redirects here. For the Brazilian association football club, see Associação Desportiva Recreativa e Cultural Icasa
The Independent Communications Authority of South Africa (ICASA) is an independent regulatory body of the South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n government
Government of South Africa
The Republic of South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary, operating in a nearly unique system that combines aspects of parliamentary and presidential systems. Legislative authority is held by the Parliament of South Africa...
, established in 2000 by the ICASA Act to regulate both the telecommunications and broadcasting
Broadcasting
Broadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
sectors in the public interest.
Traditionally, telecommunications and broadcasting services operated separately and so has the regulation of the sectors. Broadcasting in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
was regulated by the Independent Broadcasting Authority (IBA), whereas telecommunications was regulated by the South African Telecommunications Regulatory Authority (SATRA). Rapid technological developments have led to the convergence of broadcasting and telecommunications services. This also had an influence on the convergence of regulation resulting in the merging of the IBA and SATRA.
ICASA functions under the Department of Communications (DoC). It was initially composed of seven Council members. The ICASA amendment Act of 2006 included the Postal services, previously regulated by the Postal Authority into ICASA’s mandate. It increased the Council members from seven to nine to accommodate the new members from the Postal Authority.
Mandate and purpose
ICASA’s mandate is to regulate electronic communications (i.e. broadcastingBroadcasting
Broadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
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 AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(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 constitution of the Republic of South Africa
- 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
1923 - 1989
In South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, the first radio and television broadcast were done in 1923 and 1976 respectively. The first Broadcasting Act was promulgated in 1936 and it established the South African Broadcasting Corporation
South African Broadcasting Corporation
The South African Broadcasting Corporation is the state-owned broadcaster in South Africa and provides 18 radio stations as well as 3 television broadcasts to the general public.-Early years:Radio broadcasting began in South Africa in 1923...
(SABC) solely for radio broadcasting. In 1976, the Broadcasting Act was amended to include television broadcasting. The National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
government came into power in 1948 and established the apartheid regime. During the apartheid era, the SABC acted as a state broadcaster and was used as a political propaganda instrument of the government to support its policies. The SABC had monopoly over the airwaves even though there were some free-to-air broadcasting services in the former Bantustans. These broadcasting services (like Radio Bob, Bob TV, Capital Radio and Radio 702) partially overlapped from the Bantustan areas into certain parts of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.
Telecommunications was provided and regulated by a monopoly parastatal, the South African Post and Telecommunications (SAPT). In the late 1980s, certain aspects of the telecommunications market were liberalised. The Private Automatic Branch Exchange (PABX) and Value-added Network Service (VANS) markets were opened up to competition.
1990–2006
In 1990, the apartheid government appointed the Viljoen Task Group to investigate the future of broadcasting. At the same time the SABC initiated a process of internal restructuring. The restructuring was aided by the Jabulani! Freedom of Airwaves Conference which took place in the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
in 1991. This conference made recommendations that set the terms of public debate.
In 1991, Telkom SA Limited (Telkom) was established as a parastatal to undertake the provision of telecommunications services in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. It separated from SAPT, which acted as an industry regulator.
In the beginning of 1992, the Congress of Democratic South Africa (CODESA) started negotiations on the future democratic political dispensation of the country, the drafting of the Interim Constitution, the Local Government Transition Act and the establishment of the Independent Broadcasting Authority Act (the IBA Act). The IBA Act was designed to provide, among other things, for the licensing of commercial and community broadcasters (these were not allowed under the apartheid government) and for the transformation of the SABC from a state to a public broadcaster. However, telecommunications reform remained unaddressed at the negotiations and in 1993 the apartheid government proceeded to license two mobile cellular operators (Vodacom
Vodacom
Vodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
and MTN).
After the 1994 elections, the National Telecommunications Forum (NTF), including government, business, labour, user groups and civic organizations was established as the key stake-holder forum which debated the Telecommunications Green and White Papers. South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
’s telecommunications reform process culminated in the Telecommunications Act of 1996. The key aspect of this act was the establishment of an independent regulator, SATRA, to regulate the telecommunications sector. Telkom was also granted exclusivity to provide basic telecommunications services for a period of five years with an option for a further year of exclusivity should it meet its roll-out targets.
On 1 July 2000, the Independent Communications Authority of South Africa (ICASA) was established. It was established as a single electronic communications regulator in the country in terms of the ICASA Act of 2000 merging SATRA with the IBA.
In 2001, the second wave of re-regulation of the telecommunications industry took place with the passage of the Telecommunications Amendment Act of 2001. This Act introduced some far-reaching changes to the existing regime, for an example, the provision for the Second Network Operator (SNO) as of the 07th of May 2002. In August 2001, the Minister of Communications issued policy directions which were amended in April 2002, setting out the process in relation to the licensing of the SNO (Neotel
Neotel
Neotel Ltd., previously SNO Telecommunications, is the second national operator for fixed line telecommunication services in South Africa. It was unveiled on August 31, 2006 in Kyalami in northern Johannesburg...
) in broad terms. The third mobile cellular telephone operator license was issued on the 22nd of June 2001 to Cell C
Cell C
Cell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
. On 19 August 2002, ICASA issued new national Mobile Cellular Telephone Service (MCTS) licenses in terms of section 37(1) of the Telecommunications Act to Vodacom
Vodacom
Vodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
and MTN.
In 2002, two new pieces of telecommunications-related legislation were passed, the Electronic Communications and Transactions Act (ECT Act) of 2000 and the Regulation of Interception of Communications and Provision of Communication-related Information Act (Interception Act). The ECA of 2005 was passed and came into effect on the 19th of July 2006.
Divisions
ICASA is subdivided into various divisions with some listed below:-- The Engineering and Technology Division is made up of the frequency spectrum and the radio monitoring departments. The main responsibilities include frequency and station license allocations, issuing of certificates and authorizations.
- The Licensing and Compliance Division is responsible for developing policy, issuing licenses and ensuring compliance in relation to the provision of broadcasting, telecommunications and postal services.
- The Markets and Competition Division is responsible for promoting competition, innovation and investment in services and facilities provided in the broadcasting, telecommunications and postal services sectors.
- The Complaints Division receives and addresses complaints from consumers and members of the public regarding communication services and products. The department intervenes or escalates these complaints to operators for resolution or to the Complaints & Compliance Committee (CCC) for adjudication.
- The Consumer Affairs Division is responsible for protecting consumers from unfair business practices, ensuring access to safe and good quality products, and protecting the interests of people with disabilities in relation to the provision of communications and postal services.
- The Legal Division is responsible for the litigation of regulatory matters.
- The Communications Division is responsible for the Authority’s corporate communications and international relations.
Council
ICASA is under the DoC with a council composed of nine members, the chairman and eight councilors appointed by the president with the recommendations from the National Assembly. Initially,the number of council members was seven and it was increased to nine as per the ICASA amendment Act of 2005 when the postal services were integrated to ICASA. The diagram below depicts the structure of the council.Current Chairpersons and Councillors
- Stephen Mncube (Chairperson)
- Fungai Sibanda (Councillor)
- Thabo Makhakhe (Councillor)
- Nomvuyiso Batyi (Councillor)
- Joseph Lebooa (Councillor)
- Miki N. Ndhlovu (Councillor)
- William Currie (Councillor)
- Marcia Socikwa (Councillor)
- William Stucke (Councillor)
Previous Chairpersons
- Paris Mashile (1 July 2005 – 30 June 2010)
- Mandla LangaMandla LangaMandla Langa is a published South African poet, short story writer, and novelist. He grew up in KwaMashu township.Langa studied at the University of Fort Hare where he graduated in 1972 with a B.A...
(1 July 2000 – 30 June 2005)
Previous Councillors
Below is a list of all the council members since ICASA was formed in 2000:-- Dr Tracy Cohen (1 July 04 – 30 June 08)
- Zolisa Masiza (1 July 04 – 30 June 08)
- Nadia Bulbulia (1 July 2002 – 30 June 2006)
- Lumko Mtimde (1 June 2002 – 30 June 2006)
- Mamodupi Mohlala (1 July 2002 – 30 June 2006)
- Julia Hope (1 July 2000 - 30 June 2004)
- Gerhard Petrick 21 May 2003 - 30 June 2004)
- Mbulelo Ncetezo (1 July 2000 - 30 June 2004)
- Neël Smuts (1 July 2000 - 30 June 2004)
- Gerhard Petrick (Appointed on 21 May 2003 to replace Neël Smuts)
- Libby Lloyd (1 July 2000 - 30 June 2004)
- William Currie (1 July 2000 - 30 June 2004)
- Yasmin Carrim (1 July 2000 - 30 June 2004)
Highlights and Controversies
ICASA inherited a number of challenges from SATRA including :-- The licensing of the third mobile cellular network operator (MCNO), Cell CCell CCell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
. In February 2000, a little less than five months before ICASA was formed, SATRA declared Cell CCell CCell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
as a winning bidder of the third mobile cellular network operator. NextCom, one of the losing bidders, engaged ICASA in a number of court interdicts alleging that the decision to award Cell CCell CCell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
was not fair and was influenced by the National Executive. In June 2001, NextCom withdrew from a judicial review that was ordered by the High Court allowing Cell CCell CCell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
to continue its operations. - ICASA's intervention on the use of the 1800 MHz frequency band by issuing the GSM 1800 license only to Cell CCell CCell C is South Africa’s third cell network after Vodacom and MTN, and the first cellular provider operating a dual band GSM 900/1800 MHz network, with over 7,4-million subscribers according to recent reports in Business Day and myadsl...
after the incumbent Vodacom and MTN threatened to go to court to claim the use of this band. - The conversion of the VANS licenses issued through the repealed Telecommunications Act to the new ECNS or ECS licenses provisioned in the EC Act resulted in a court interdict where Altech challenged ICASA on its decision to exclude it on the list of the new ECNS licensees. Altech’s claim was that all the VANS licensees be granted the ECNS licenses as per the EC Act. The High Court judgment ruled in favour of Altech resulting in all the VANS licensees being granted ECNS licenses.
- The listing and unbundling of VodacomVodacomVodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
shares raised a number of questions regarding the role and independence of ICASA as the sector regulator.VodacomVodacomVodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
exercised its right as granted by the Electronic Communications Network Services license issued by ICASA to unilaterally sell its shares without the involvement of ICASA or Minister of Communications as it was the case in the previous licensing regime. This was not well received by the Trade Union, COSATU, which challenged the decision made by ICASA to clear the VodacomVodacomVodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
share transaction.This transaction resulted in ICASA’s independence status being questioned as it was influenced by COSATU to rescind its initial decision allowing VodacomVodacomVodacom is a pan-African mobile telecommunications company, and was the 1st cellular network in South Africa. It provides GSM service to more than 35 million customers in South Africa, Tanzania, Lesotho, Mozambique and the Democratic Republic of the Congo. Revenue for the year ended 31 March 2008...
to unbundle its shares.