Electronic Communications Amendment Act

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

Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 37 of 2007
Version: Undated source snapshot
Language: en
Updated: 8 Jan 2008
Official source: View official record ↗

ICT infrastructure investment broadcasting commencement communications sector definitions innovation investment licensing network services ownership interest short title statutory interpretation

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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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Provisions of Electronic Communications Amendment Act

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1
Section 1 of the Electronic Communications Act, 2005 (hereinafter referred to as
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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
2
Section 2 of the principal Act is hereby amended by the substitution for paragraph
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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
3
Section 3 of the principal Act is hereby amended by the insertion after subsection
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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
4
Section 5 of the principal Act is hereby amended by the substitution in subsection
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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
5
This Act is called the Electronic Communications Amendment Act, 2007, and
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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.

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Electronic Communications Amendment Act

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