The Independent Communications of SA (ICASA) is set to be responsible for electronic transactions after the ICASA Amendment Act was signed into law by president Jacob Zuma, although an effective date has yet to be announced.
The amendments to the legislation that give ICASA its powers were signed and gazetted this week, and now await communications minister Yunus Carrim's announcement of an effective date.
Telecoms lawyer Lisa Thornton notes the ICASA Amendment Act brings electronic transactions into the realm of activities that ICASA is responsible for. In particular, it may study and make recommendations to the minister around the Electronic Communications and Transactions Act, which has also been amended and inked by Zuma.
Too much
However, adding electronic transactions to ICASA's mandate is likely to add even more to the regulator's burden, as commentators have previously questioned its ability to regulate the sector.
Democratic Alliance shadow minister of communications, Marian Shinn, said in October - when the concept was first mooted - that there was no need for ICASA to handle e-commerce, but that the body should sort out its fundamental issues and focus on getting its core business right.
ICASA, which is an independent entity as enshrined in Chapter Nine of SA's Constitution, has been heavily burdened and already has a lack of capacity to carry out its mandate.
In February, its recently-appointed CEO Pakamile Pongwana told the Parliamentary Portfolio Committee on Communications that its engineering and technology department has 76 vacancies, a figure that is higher than its current staff complement of 53.
Pongwana added the group only has four engineers in the engineering and technical department. He said within its markets and competition division, where the skills required include costing specialists, accounting specialists and economists, there were three staff.
This lack of skills is hindering ICASA in delivering on its mandate in areas such as allocating spectrum, ensuring networks provide quality connectivity, and preventing network interference, noted Ovum analyst Richard Hurst.
E-commerce represents great responsibility for ICASA. According to World Wide Worx, e-commerce in SA was expected to account for R4.2 billion last year.
MD Arthur Goldstuck has said adding e-commerce to ICASA's portfolio would be a great strain. "They would have to create an entirely new body of expertise, because at the moment they have none. It would almost be like creating another ICASA - and the question is, what exactly would it regulate?"
Share
