Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 3 : Licensing Framework

13. Transfer of individual licences or change of ownership
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(1)An individual licence may not be let, sub-let, assigned, ceded or in any way transferred, and the control of an individual licence may not be assigned, ceded or in any way transferred, to any other person without the prior written permission of the Authority.

[Section 13(1) substituted by section 9(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(2)An application for permission to let, sub-let, assign, cede or in any way transfer an individual licence, or assign, cede or transfer control of an individual licence may be made to the Authority in the prescribed manner.

[Section 13(2) substituted by section 9(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(3)The Authority may by regulation, set a limit on, or restrict, the ownership or control of an individual licence, in order to—
(a)promote the ownership and control of electronic communications services by historically disadvantaged groups and to promote broad-based black economic empowerment; or

[Section 13(3)(a) substituted by section 9(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(b)promote competition in the ICT sector.

 

(4)The Authority may, subject to Chapter 9, by regulation, set a limit on, or restrict, the ownership or control of an individual licence for broadcasting services in order to promote a diversity of views and opinions.

 

(5)Regulations contemplated in subsection (3) and (4) must be made—
(a)with due regard to the objectives of this Act, the related legislation and where applicable, any other relevant legislation; and
(b)after the Authority has conducted an inquiry in terms of section 4B of the ICASA Act, which may include, but is not limited to, a market study.

 

(6)The provisions of section 9(2) to (6) apply, with the necessary changes, to this section.

[Section 13(6) inserted by section 9(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]