Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Second Amendment Regulations, 2024Reasons Document - April 20242. Legislative Framework |
| 2.1 | In reviewing and amending the the 2024 First Amendment Regulations, the Authority was guided by the provisions of the Constitution, ICASA Act, 13 of 2003 (“ICASA Act“)and the Electronic Communications Act, No.36 of 2005 (“ECA”). |
The Constitution
| 2.2 | Section 192 of the Constitution requires national legislation to establish an independent authority (i.e. ICASA) to regulate broadcasting in the public interest. |
The ICASA Act
| 2.3 | Section 2(a) of the ICASA Act enjoins the Authority to regulate broadcasting in the public interest and to ensure fairness and a diversity of views broadly representing South African society, as required by section 192 of the Constitution. |
| 2.4 | The Authority is empowered to make regulations on any matter consistent with the objects of the ICASA Act and the underlying statutes or that are incidental or necessary for the performance of the function of the Authority.1 |
The ECA
2.5 The Authority is empowered in terms of section 4(7)(b) of the ECA not to follow a public notice and comment procedure contemplated in terms of section 4 when making a regulation which the public interest requires should be made without delay.
2.6 Sections 56, 57, 58 and 59 of the ECA govern matters related to party elections broadcasts and political advertisements as well as equitable treatment of political parties by broadcasting service licensees during the election period.
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1 Section 4(3) (j) of the ICASA Act.