South Africa Act or statute

Parliament of the Republic of South Africa

Electronic Communications Amendment Act

ICT infrastructure investmentbroadcastingcommencementcommunications sectordefinitionsinnovationinvestmentBusiness registrationnetwork servicesownership interestshort titlestatutory interpretation

Jurisdiction: South Africa
Structure: 5 provisions
Citation: Act 37 of 2007
Dates: Record updated 8 Jan 2008

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Dates: Record updated 8 Jan 2008

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Purpose and legislative effect

“This section amends the Electronic Communications Act by adding a definition of “public entity.””

This section amends the Electronic Communications Act by adding a definition of “public entity.” Section 2 is amended so paragraph (d) now says the Act should encourage investment, including strategic infrastructure investment, and innovation in the communications sector. The Minister may issue a policy direction, but only after Cabinet approval. This amendment changes the rule for certain communications and broadcasting services where a public entity owns more than 25% of the provider’s share capital. This section gives the Act its short title and says it starts on a date the President sets by proclamation in the Gazette.

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Record updated 8 Jan 2008. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 1 of the Electronic Communications Act, 2005 (hereinafter referred to as

This section amends the Electronic Communications Act by adding a definition of “public entity.”

Section 1

Section 2 of the principal Act is hereby amended by the substitution for paragraph

Section 2 is amended so paragraph (d) now says the Act should encourage investment, including strategic infrastructure investment, and innovation in the communications sector.

Section 2

Section 3 of the principal Act is hereby amended by the insertion after subsection

The Minister may issue a policy direction, but only after Cabinet approval.

Section 3

Section 5 of the principal Act is hereby amended by the substitution in subsection

This amendment changes the rule for certain communications and broadcasting services where a public entity owns more than 25% of the provider’s share capital.

Section 4

This Act is called the Electronic Communications Amendment Act, 2007, and

This section gives the Act its short title and says it starts on a date the President sets by proclamation in the Gazette.

Section 5

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Source record from www.parliament.gov.za · Record updated 8 Jan 2008

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Showing 5 of 5 provisions

Amendment 2Short title 2Substitution

§ 1Section 1 of the Electronic Communications Act, 2005 (hereinafter referred to asAmendment

This section amends the Electronic Communications Act by adding a definition of “public entity.”

1. Section 1 of the Electronic Communications Act, 2005 (hereinafter referred to as the principal Act), is hereby amended by the insertion after the definition of "public broadcasting service" of the following definition: " 'public entity' has the meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999).". Amendment of section 2 of Act 36 of 2005

Section 1Verify source

§ 2Section 2 of the principal Act is hereby amended by the substitution for paragraphSubstitution

Section 2 is amended so paragraph (d) now says the Act should encourage investment, including strategic infrastructure investment, and innovation in the communications sector.

2. Section 2 of the principal Act is hereby amended by the substitution for paragraph (d) of the following paragraph: "(d) encourage investment, including strategic infrastructure investment, and innovation in the communications sector;". Amendment of section 3 of Act 36 of 2005

Section 2Verify source

§ 3Section 3 of the principal Act is hereby amended by the insertion after subsectionAmendment

The Minister may issue a policy direction, but only after Cabinet approval.

3. Section 3 of the principal Act is hereby amended by the insertion after subsection (1) of the following subsection: "(1 A) The Minister may, after having obtained Cabinet approval, issue a policy direction in order to— (a) initiate and facilitate strategic ICT infrastructure investment; and intervention by Government to ensure (b) provide for a framework for the licensing of a public entity by the Authority in terms of Chapter 3.". Act No. 37, 2007 ELECTRONIC COMMUNICATIONS AMENDMENT ACT, 2007 Amendment of section 5 of Act 36 of 2005

Section 3Verify source

§ 4Section 5 of the principal Act is hereby amended by the substitution in subsectionShort title

This amendment changes the rule for certain communications and broadcasting services where a public entity owns more than 25% of the provider’s share capital.

4. Section 5 of the principal Act is hereby amended by the substitution in subsection (3) for paragraph (d) of the following paragraph: "(d) any electronic communications network service, broadcasting service or electronic communications service where a [state] public entity (directly or indirectly) holds an ownership interest of greater than twenty-five (25%) per cent of the share capital of the person providing such service; and". Short title and commencement

Section 4Verify source

§ 5This Act is called the Electronic Communications Amendment Act, 2007, andShort title

This section gives the Act its short title and says it starts on a date the President sets by proclamation in the Gazette.

5. This Act is called the Electronic Communications Amendment Act, 2007, and comes into operation on a date determined by the President by proclamation in the Gazette.

Section 5Verify source

Legislative relationships

1 referenced instrument

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A–F

1 instrument

Electronic Communications Act, 2005
Section 1

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