Independent Communications Authority of South Africa Act
ICT COVID-19 National State of Disaster Regulations, 2021
General Notice 661 of 2021
- Published in Government Gazette no. 45458 on 11 November 2021
- Assented to on 10 November 2021
- Commenced on 11 November 2021
- [This is the version of this document from 11 November 2021.]
1. DefinitionsIn these Regulations, unless the context otherwise indicates, a word or expression to which meaning has been assigned in the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), underlying statutes, the Disaster Management Act, 2002 (Act No. 57 of 2002) and the regulations made by ICASA has the meaning so assigned.The following words shall have the meanings assigned to them below:"the Act" means the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended;"Disaster Management Act" means the Disaster Management Act, No. 57 2002;"Days" means working days unless stated otherwise;"National Disaster" means the COVID-19 pandemic in the Republic of South Africa, as declared as such by the Head: National Disaster Management Centre, Department of Cooperative Governance and Traditional Affairs in terms of Notice No. 312, Government Gazette No. 43096 dated 15 March 2020, pursuant to the provisions of section 23(1)(b) of the Disaster Management Act;"National State of Disaster" means the national state of disaster as declared by the Minister of Cooperative Governance and Traditional Affairs in terms of Notice No. 313, Government Gazette No. 43096 dated 15 March 2020, pursuant to the provisions of 27 of the Disaster Management Act; and"2020 Regulations" means the regulations published by Government Notice No. 238 (Government Gazette No. 43207) of 6 April 2010, as amended by Government Notice No. 252 (Government Gazette No. 43279) of 5 May 2020, No. 500 (Government Gazette No. 43707) of 11 September 2020, Government Notice No. 678 (Government Gazette No. 43945) of 27 November 2020, Government Notice No. 165 (Government Gazette No. 44374) of 31 March 2021, Government Notice No. 314 (Government Gazette No. 44631) of 28 May 2021 and Government Notice No. 785 (Government Gazette No. 45069) of 31 August 2021.
2. PurposeThe purpose of these Regulations is to prescribe minimum standards that Licensees must adhere to during the National State of Disaster which was declared on 15 March 2020 in order to—
3. ScopeThese Regulations apply to—
4. Minimum standardsNotwithstanding the provisions of the Regulations and any licences issued, the following minimum standards shall apply during the National State of Disaster:
South African sound and television broadcasting Services performance period:
|Public television broadcasting||Commercial television broadcasting||Community television broadcasting|
|Minimum weekly average of its programming measured over a period of a year.||Minimum weekly average of its programming measured over a period of a year.||Minimum weekly average of its programming.|
Requirement to convene community meetings including any Annual General Meetings (AGMs):
Submission of applications
Television broadcasting services to persons with disabilities
Deployment of electronic communications facilities
5. Type approval
6. Access to radio frequency spectrum
Assignment of provisional radio frequency spectrum
|Branch:||Nedbank Corporate Investment Banking|
|Reference:||Name of Applicant|
Obligations relating to IMT Radio Frequency Spectrum licensees
7. Postal servicesThe South African Post Office shall, upon written on request by relevant officials of the Department of Health, law enforcement agency or any other organ of state involved with management and control of the spread of the COVID-19 pandemic, make available its national address system, including any relevant database, to such official, agency or organ of state, as the case may be, for the purposes of tracking and tracing persons that are infected with COVID-19, and/or persons that may have been in direct physical contact with such infected persons.
8. ConflictsIn the event of conflict between the provisions of these Regulations and other Regulations of the Authority, the provisions of these Regulations shall prevail.
9. Contravention and penaltiesAny person who contravenes regulation 4 (7), (20), (21) and (22) and regulation 6 (18), (21) and (23) of the Regulations, is liable to a fine not less than R100 000.00 (one hundred thousand Rand) for each day that the contravention occurs.
10. Repeal of the 2020 RegulationsThe 2020 Regulations are with effect from the publication of these Regulations repealed.
11. Short title and commencementThese Regulations are called "The ICT COVID–19 National State of Disaster Regulations, 2021" and will come into force on the date of publication in the Government Gazette, and only endure until termination of the National State of Disaster.
History of this document
11 November 2021 this version
Published in Government Gazette number 45458
10 November 2021