Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages REGISTRAR: SUPREME COURT -, .. •. GOVERNMENT GAZETTE .STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer VoL. 369 CAPE TOWN, 22 MARCH 1996 KAAPSTAD, 22 MAART 1996 No. 17052 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT No. 487. 22 March 1996 No. 487. 22 Maart 1996 It is hereby notified that the President has assented to the following Act which is hereby published for general infor mation:- Hierby word bekend ~emaak dat die President sy goed keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:- No. 4 of 1996: IndependentBroadcastingAuthority Amend- No. 4 van 1996: Wysigingswet op die Onafhanklike Uitsaai- ment, 1996. owerheid, 1996. 2 No. 17052 Act No. 4, 1996 GOVERNMENT GAZETIE, 22 MARCH 1996 INDEPENDENT BROADCASTING AUTIIORITY AMENDMENT ACT, 1996 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. ' ·Words underlined with a solid line indicate insertions in existing enactments. · . ". '\ . .· ·) .";,) ACT To amend the Independent Broadcasting Authority Act, 1993, so as to regulate broadcasting and the vesting of powers in relation to the administration, management, planning and use of the broadcasting service frequency bands in the territories of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; to further regulate the application of the Act to existing providers of broadcasting signal distribution and broadcasting services in the said territories; to provide for the amendment of certain laws dealing with the jurisdiction of the Independent Broadcasting Authority or the application of the Act in or its incorporation into the law of those territories; to provide for the rationalised and uniform application of the Act in the whole ofthe national territory of the Republic; and to provide for matters connected therewith. (English text signed by the President.) (Assented to 12 March 1996.) B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 29 of Act 153 of 1993, as amended by section 5 of Act 36 of 1995. 1. Section 29 of the Independent Broadcasting Authority Act, 1993 (hereinafter 5 referred to as the principal Act), is hereby amended by the insertion after subsection ( 4) of the following subsection: .. " 4A In the a lication of subsections 1 3 and 4 in the territories . of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei · after the commencement of the Independent Broadcasting Authority 10 . Amendment Act, 1996- (a) the reference in subsections (1) and (4)(a) to the Radio Act, 1952, shall be construed-- (i) in relation to Venda, as a reference to the Radio Act, 1984 (Act No. 15of 1984) (Venda); and in relation to the other territories, as a reference to the Radio Act, 1952, to the extent that it is in force in the territories; (ii) . . (b) the reference in subsection (l)(b) to the Minister of Posts and Telecommunications shill! be construed as a reference to the responsible Minister of the territory concerned; the reference in subsection (1)(b) to the Postmaster General shall be construed as a reference to the Postmaster General of the territory concerned; (c) · 15 20 4 No. 17052 Act No. 4, 1996 GOVERNMENT GAZETIE, 22 MARCH 1996 INDEPENDENT BROADCASTING AUlHORITY · AMENDMENT ACT, 1996 · (d) the reference in subsection (I) to 28 January 1994 shall be construed as a reference to 30 March 1994; and .. " (e) . the reference in subsection ( 4)(c) to 1 September 1993 shall be construed as a reference to- · · ' · (i) 7 December 1993 in relation to Transkei; · · · ' 5 (ii) 16 March 1994 in relation to Bophuthatswana; (iii) 3 December 1993 in relation to Venda; and (iv) 4 February 1994 in relation to Ciskei.". Amendment of section 33 of Act 153 of 1993, as amended by section 8 of Act 36 of 1995 10 2. Section 33 of the principal Act is hereby amended by the substitution for subsection ( 4) of the following subsection: . "( 4) [Where the Republic has, in terms of section 79, entered into an agreement with any state or territory referred to in that section, the] The provisions of subsections (2) and (3) shall mutatis mutandis apply in relation 15 . to any person who, immediately prior to [the date of entry into force of such an agreement] 30 March 1994, lawfully [provides] provided broadcasting signal distribution in [that. state or] the territory of any of the former , Republics of Transkei, Bophuthatswana, Venda or Ciskei in a manner not . inconsistent with the provisions of this Act and in such application- 20 a the reference in subsection 2 a to a eriod of 12 months from the said . date, shall be construed as a reference to a period of six months from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, or such extended period as the Authority may on good cause shown allow; . · 25 (b) the reference in subsection (2)(b)(i) to- (i) 30 March 1995, shall be construed as a reference to the date immediately following the expiry of the period of six months or extended period referred to in paragraph (a), as the case may be; (ii) 30 March 1996, shall be construed as a reference to a date 12 months 30 after the date contemplated in subparagraph (i). " . .. Amendment of section 45 of Act 153 of1993, as amended by section 14 of Act 36 of 1995 •. ' .. ) ; . subsection(4) of the following subsection:. 3. Section 45 of the principal Act is hereby amended by the substitution fo~ . .. (4) f!!l. [Where the Republic has in terms of section 79 entered into an agreement with a state or territory referred to in that section, the] The ... provisions of subsection (3) of this section shall mutatis mutandis apply in · respect of any person who immediately prior to [the entry into force of such . . _ . 35 agreement, provides] 30 March 1994, provided one or more public broad~ 40 casting services in [such state or] the territory of any of the former Republics . of Transkei, Bophuthatswana, Venda or Ciskei in accordance with the Jaws in force therein at the time, and in such a Iication the reference in subsection (3) to- . . . (i) the date. of commencement of this Act; shall be construed as a 45 reference to 30 March 1994; · · · · · ' · (ii) a period of 12 months as from such date of commencement, shall be construed as a reference to a period of six months as from the date ..... of commencement· of the Independent Broadcasting Authority Amendment Act, 1996, or such extended period as the Authority 50 may on good cause shown allow. . (b) Any person who applies to the Authority. within the period of six months or extended ·period referred to in paragraph (a)(ii), as the case may be, for a broadcasting licence in terms of subsection (3) and provides the '. Authority with satisfactory proof that he or she is entitled to the granting of 55 · 'such a licence shall, where such a licence is not issued before the expiry ofthat · . • .. , .• · · · · .. ·.: 6 No.l7052 Act No. 4, 1996 GOVERNMENT GAZETTE, 22 MARCH 1996 INDEPENDENT BROADCASTING AUTHORITY AMENDMENT ACf, 1996 · peri~d, be dee.med to be t~e holder of ~uch ~ licence until the date of the I 1ssumg of the hcence to wh1ch he or she IS entitled. · (c) The provisions of section 33(2)(b)(ii) shall mutatis mutandis apply in relation to a licence contemplated in paragraph (b).". Amendment of section 46 of Act 153 of 1993, as amended by section 15 of Act 36 of 5 1995 . 4. Section 46 of the principal Act is hereby amended- . (a) · by the substitution for subparagraph (ii) of paragraph (b) of subsection (2) of the following subparagraph: · · "(ii) Bophuthatswana Commercial Radio (Proprietary) Limited, 10 a licensed broadcaster according to Bophuthatswana law, shall be deemed to be the holder of an existing licence as contemplated in that paragraph [unless an agreement such as that contemplated in section 79 has been entered into between the Governments of the Republics of South Mrica and Bophuthatswana]: Provided that the 15 licence which may be deemed· to be held in terms of this subparagraph shall in no way derogate from the validity of the · licence held under Bophuthatswana law and from the authority of · the Bophuthatswana Government to enforce the ·terms and conditions of that licence, as in force on the second · day of 20 September, 1993, under Bophuthatswana law."; and · (b) by the substitution for subsection (3) of the following subsection: . "(3) [Where the Republic has in tenns ofsection 79 entered into an agreement with a state or territory referred to in that section, the] ·The provisions of subsection (2)(a) shall mutatis mutandis apply in 25 relation to any person who, immediately prior to [the entry into force of such agreement, provides] 30 March 1994, provided a ·private broadcasting service in [such state or] the territory of any of the former Republics of Transkei, Bophuthatswana, Venda or · Ciskei under a valid licence in terms of the laws in force in such [state 30 or] territory at the time.". Insertion of section 47B in Act 153 of 1993 5. The following section is hereby inserted in the principal Act after section 47A: · ''Special savings as to certain broadcasters licensed in terms of the law 35 of Transkei and Ciskei 47B. 1 Trinit Broadcastin Transkei and Trinit Broadcastin · (Ciskei) (licensed broadcasters in terms of the law of Transkei and Ciskei respectively) shall, for a period of 12 months as from the date of commencement of the Independent Broadcasting Authority 40 Amendment Act, 1996, each be deemed to be a holder of a broadcasting licence in terms of this Act · · (2) The Authority may ·in its discretion grant a private. or a community broadcasting licence in terms of this Act to a broadcaster referred to in subsection (1) if such broadcaster applies therefor within 45 the period mentioned in subsection (1).". Substitution of section 79 of Act 153 of 1993 6. The following section is hereby substituted for section 79 of the principal Act: "Application or Act 79. This Act shall apply throughout the national territory of the 50 Republic.". 8 No.17052 Act No. 4, 1996 GOVERNMENT GAZETIE, 22 MARCH 1996 INDEPENDENT BROADCASTING AU1HORITY AMENDMENT ACT, 1996 Amendment of certain laws of the former Republics ofTranskel, Bophuthatswana, Venda and Ciskei 7. The laws mentioned in the second column. of the Schedule are hereby amended to the extent as indicated in the third column of the Schedule. • .. .. Short title 5 8 .. This Act shall be called the Independent Broadcasting Authority Amend- ment Act, 1996. , .. ! . · ... ! i . ' ( ' • I . > .• ..... .) . ·· .. : ' t ! · ... 10 · No.17052 Act No. 4, 1996 GOVERNMENT GAZETI'E, 22 MARCH 1996 INDEPENDENT BROADCASTING AUTHORITY AMENDMENT ACf, 1996 .. SCHEDULE,.. ;, LAWS AMENDED No. and year or law · · Short tide > • • Extent or amendment Decree No. 13 of 1993 (Tran skei) as amended Decree No. 13 (Application in The amendment of section 1 by Transkei of Certain South the deletion of the expressions African Laws Relating to "Act 153 of 1993" and "the lode- pendent Broadcasting Authority Transition to Democracy) of Act, 1993". 1993 Decree No. 1 of 1994 (Bophu- The Administration of Bophu- The amendment of section 7 by thatswana) thatswana Decree, 1994 Proclamation No. 26 of 1993 (Venda) Application in Venda of Cer- tain South African Laws Re- lating to Transition to Democ- racy Proclamation, 1993 Decree No. 3 of 1994 (Ciskei) Preparatory Administration Decree, 1994 Decree No. 1 of 1994 (Ciskei) Administration of Ciskei De cree, 1994 the deletion of the expression "the Independent Broadcasting Authority Act, 1993, (Act No. 153 of 1993)". The amendment of section 1 by the deletion of the expressions "Act 153 of 1993" and "the Independent Broadcasting Authority Act, 1993". The amendment of section 2 by the deletion of subparagraph (iii) of paragraph (b). The amendment of section 8 by the deletion of the expression "the Independent Broadcasting Authority Act, 1993, (Act No. 153 of 1993)".
