Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Second Amendment Regulations, 2024Reasons Document - April 20241. Introduction |
| 1.1 | The Independent Communications Authority of South Africa (“the Authority/ICASA”) is enjoined in terms of section 2(a) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000) (“ICASA Act”) to regulate broadcasting in the public interest and to ensure fairness and diversity of views broadly representing South African society, as required by section 192 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”). |
| 1.2 | On 26 February 2024, under Government Gazette No. 50204, the Independent Communications Authority of South Africa (“the Authority”) promulgated an amendment (“the 2024 First Amendment Regulations”) to the National and Provincial Party Elections Broadcast and Political Advertisements Regulations 2014 (“the Regulations”) in terms of section 4(3)(j) of the Independent Communications Authority of South Africa Act, 13 of 2000 read with sections 4(1), 56, 57, 58 and 59 of the Electronic Communications Act, 36 of 2005. |
| 1.3 | On 19 March 2024, the Democratic Alliance brought an application before the High Court of South Africa, Gauteng Local Division, Johannesburg (“the Court”), challenging, amongst others, the constitutionality and validity of the amendment to Regulation 4(2) of the Regulations on the basis that the amended Regulation 4(2) of the 2024 First Amendment Regulations constitutes a limitation of the rights in sections 16(1)(b) and 19(1)(c) and (2) of the Constitution, 1996. |
| 1.4 | Following an urgent hearing before the Court on 28 March 2024, the Court delivered a judgment on 30 March 2024, in which it upheld the challenge by the Democratic Alliance and set aside the Regulation 4(2) of the of the 2024 First Amendment Regulations, directing that Regulation 4(2) be reinstated in its pre-amendment form (“the Court Order”). |
| 1.5 | Upon consideration of the effect of the Court Order, the Authority has identified the need to effect certain consequential amendments to the 2024 First Amendment Regulations, specifically the amendment of Regulations 4(7) and 4(19) to align the 2024 First Amendment Regulations with the Court Order. (“2024 Second Amendment Regulations”). |
| 1.6 | The purpose of this reasons document is to outline the Authority’s reasons regarding its decisions with respect to the 2024 Second Amendment Regulations. |