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Suggested amendments

ICASA Amendment Bill, 2013 Department of Communications Presentation to the PPCC 29-30 October 2013. Suggested amendments.

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Suggested amendments

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  1. ICASA Amendment Bill, 2013 Department of CommunicationsPresentation to the PPCC29-30 October 2013 Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  2. Suggested amendments • Following the Department of Communications presentation to PPCC on 09 October 2013, the Committee requested the Department to come back to it with final report and position on key areas identified as requiring further research • The Department engaged in this further research and has concluded on all issues as requested by Committee • In the interests of simplicity, we have recorded each research conclusions and present our proposed position on each research area • Drafting notes set out the precise manner in which the clause of the draft Bill will be amended. The drafting notes are provided separately Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  3. Matters emanating from PCC deliberations raised • Clause 1: definition of ‘electronic transaction’ • The Department is satisfied, after further discussion with the State Law Adviser, with the definition of ‘electronic transaction’ in the Bill. No amendment to the Bill is necessary. • The Consumer Protection Act, 2008 has been aligned with the Electronic Communications and Transactions Act, 2002 when promulgated. The CPA contains a number of provisions that refer to the ECT Act and specifically state which sections of the ECT Act apply if the transaction is governed by the ECT Act. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  4. Matters emanating from PCC deliberations raised • Clause 1: definition of ‘broad-based black economic empowerment’ • On page 2, after line 5, to insert: • (a) by the insertion after the definition of “Authority” of the following definition: “ ‘broad-based black economic empowerment’ has the meaning assigned to it in the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);”. • CLAUSE 3 • On page 3, in line 48, to omit “assign” and to substitute “control, plan, administer and manage the use and licensing of”. •  On page 4, from line 8, to omit paragraph (k) and to substitute: “(k) may make regulations on empowerment requirements [in terms of Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)]to promote broad-based black economic empowerment;”. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  5. Matters emanating from PCC deliberations raised • CLAUSE 4: • On page 4, in line 59, to omit “30” and to substitute “45”. • CLAUSE 7 • On page 5, from line 46, to omit subsection (1) and to substitute: “(1) The Minister must, in consultation with the National Assembly, establish a performance management system to monitor and evaluate the performance of the chairperson [and other], councillors and the Council, individually and collectively.”. • CLAUSE 10 • On page 7, from line 23, to omit subsection (3) and to substitute: • “(3) The minutes, contemplated in subsection (2), must be signed, confirmed and published on the Authority’s website and made available in its library within 30 days of the conclusion of the meeting, but any information determined to be confidential in terms of section 4D must be removed prior to such publication or availability.” Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  6. Matters emanating from PCC deliberations raised • CLAUSE 21: • On page 9, from line 40, to omit paragraph (a). • CLAUSE 23 • On page 10, from line 23, to omit subsection (1)(a) and to substitute: “(a)A person who has reason to believe that a licensee oranother person is guilty of any non-compliance with – (i) the terms and conditions of [its] a licence [or]; (ii)[with] this Act; or (iii) the underlying statutes, may lodge a complaint with the Authority within 60 days of becoming aware of the alleged non-compliance.”. 2. On page 10, from line 28, to omit subparagraph (i) and to substitute: (i) where the complaint concerns a licensee, direct the complaint within 30 days of receipt of the complaint, to the Complaints and Compliance Committee for consideration;”. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  7. Matters emanating from PCC deliberations raised • CLAUSE 23 • On page 10, in line 35, after “complaint” to add “; or” • On page 10, after line 35, to add: “(iii)investigate the complaint as contemplated in section 4(3)(n).” • An amendment was inserted to delete the amendment to section 17(2)(a) in clause 21 of the Bill. The original wording in section 17(2)(a) of the Act should remain i.e. that each committee established in terms of this section must consist of one or more councillors or any member of staff designated by the Council and should not be limited to one councillor only. • Following a concern raised by the PCC, section 17C(1)(a) was reworded to provide clarity. Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

  8. THE END I THANK YOU Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development

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