President signs Electronic Communications Act

Johannesburg, 21 Apr 2006

President Thabo Mbeki has signed the Electronic Communications Act (EC Act), formerly the Convergence Bill. A notice that he has assented to the Act was published in Government Gazette number 28743 and is available on the Department of Communications` Web site.

However, there are other legal processes that have to take place before it becomes operational law, says Albi Modise, acting chief director of communications, Department of Communications.

Modise says the president needs to make a proclamation before the Act becomes effective. He could not provide a date when the proclamation would take place, and was unable to say when the Act will come into effect.

The Act provides a regulatory framework for the convergence of broadcasting, broadcasting signal distribution and the telecommunications sectors. The Act also repeals the Telecommunications Act of 1996, the Independent Broadcasting Authority Act and portions of the Broadcasting Act.

Janet MacKenzie, a director at law firm Cliffe Dekker Attorneys, says the latest development means "it is an Act, but without any legal standing yet".

MacKenzie also says the absence of a date of commencement for the EC Act follows rumours that the closely related ICASA Amendment Bill is to be sent back to the committee for clarification.

"These two Acts are very closely linked. One cannot have one without the other," she says.

MacKenzie believes the review of the ICASA Amendment Bill could still take some time.

"The EC Act is considered a fairly good piece of legislation, although some sections will have to be revisited sometime in the future," she says.

ICASA is ready

The Independent Communications Authority of SA (ICASA) has sent out an open letter that clarifies its position regarding its preparedness to implement the EC Act, among other issues.

It says it has already prepared a project plan for implementation. This includes an assessment of financial implications, as well as the requisite skilled personnel from within the organisation as well as from outside.

ICASA is ready to implement the Act once the requisite resources are made available, it says. The regulator says it is in discussions with government regarding the funding changes and financial implications.