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

Regulations

Amendment Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDGs) and the application of the ICT Sector Code, 2021

1. Definitions
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Unless otherwise stated, or the context otherwise requires, the words and expressions listed below shall bear the meanings ascribed to them:

 

1.1 Authority – means the Independent Communications Authority of South Africa established in terms of the ICASA Act;

 

1.2 B-BBEE – means Broad Based Black Economic Empowerment and shall have the same meaning assigned to it in the B-BBEE Act;

 

1.3 B-BBEE Act – means the Broad-Based Black Economic Empowerment Act, 53 of 2003, as amended from time to time;

 

1.4 B-BBEE Codes – means the Codes of Good Practice for Black Economic Empowerment published in terms of the B-BBEE Act;

 

1.5 B-BBEE Contributor Status Level – means a B-BBEE status as referred to in paragraph 5.2 of Statement AICT000 of Code Series AICT000 of the ICT Sector Code, as determined in terms of Statement AICT000 of Code Series AICT000, Statement AICT004, of Code Series AICT000, or Statement AICT600 of Code Series AICT600 of the ICT Sector Code, and as confirmed by a valid B-BBEE Verification Certificate, a sworn affidavit or a CIPC issued certificate, as may be applicable;

[Definition substituted by section 2(2.1) of Notice No. 983, GG46245, dated 14 April 2022]

 

1.6 B-BBEE Verification Certificate – an independent written verification certificate of compliance with the ICT Sector Code issued by a SANAS recognised and accredited verification agency;

 

1.7 Black Equity Requirement – means the requirement that each Individual Licensee must have a minimum of 30% of its ownership equity held by Black People as set out in regulation 4(1);

 

1.8 Black People – shall have the same meaning assigned to it in the B-BBEE Act;

 

1.9 Business Days – Monday to Friday, excluding any public holidays;

 

1.10 CCC – means the Complaints and Compliance Committee, an independent committee of the Authority, established in terms of section 17A of the ICASA Act;

 

1.11 CIPC – means the Companies and Intellectual Property Commission;

 

1.12 Class Licence – shall have the same meaning assigned to it in the EC Act;

 

1.13 Class Licensee – shall have the same meaning assigned to it in the EC Act;

 

1.14 Compliance Procedure Manual Regulations – means the Compliance Procedure Manual Regulations, 2011 issued in terms of section 4(3)(j) of the ICASA Act (Government Notice 902 in Government Gazette No. 34863 of 12 April 2012);

 

1.15 EC Act – the Electronic Communications Act, 36 of 2005, as amended from time to time;

 

1.16 EME – means an exempted micro enterprise, which is an entity with an annual Total Revenue of R10 million or less;

 

1.17 Equity – means the instrument by which a person holds rights of ownership in an entity;

 

1.18 Flow Through Principle – shall have the same meaning assigned to it in the B-BBEE Codes;

 

1.19 HDG Equity Requirement – means the requirement that each Individual Licensee must have a minimum of 30% of its ownership equity held by historically disadvantaged groups as set out in regulation 3(4);

 

1.20 ICASA Act – means the Independent Communications Authority of South Africa Act, 13 of 2000, as amended from time to time;

 

1.21 ICT Sector – means the Information and Communication Technology Sector;

 

1.22 Individual Licence – shall have the same meaning assigned to it in the EC Act;

 

1.23 Individual Licensee – means a person to whom an Individual Licence has been granted in terms of the EC Act;

 

1.24 ICT Sector Code – means the Amended Information and Communication Technology Sector Code published in terms of section 9(1) of the B-BBEE Act on 3 November 2016;

[Definition substituted by section 2(2.2) of Notice No. 983, GG46245, dated 14 April 2022]

 

1.25 Large Individual Licensees – means any Individual Licensee with an annual Total Revenue of R50 million and more;

 

1.26 Licensee – means a person issued with a licence to provide services in terms of chapter 3 the EC Act;

 

1.27 Organs of State – shall have the same meaning assigned to it in the B-BBEE Act;

 

1.28 Public Entities – shall have the same meaning assigned to it in the B-BBEE Act, and “Public Entity” shall have the corresponding meaning;

 

1.29 QSE – means a qualifying small enterprise, which is an entity with an annual Total Revenue of between R10 million and R50 million;

 

1.30 Regulations – means these regulations in respect of the limitations of control and equity ownership by Historically Disadvantaged Groups (HDG) and the application of the ICT Sector Code, together with any of its appendices;

 

1.31 SANAS – means the South African National Accreditation System;

 

1.32 SMMEs – means collectively QSEs and EMEs;

 

1.33 Total Revenue – shall have the same meaning assigned to it in the B-BBEE Codes; and;

 

1.34 Transfer – means assign, cede, sell, convey, settle, alienate or otherwise transfer, in whole or in part, whether or not for value, any interest in a licence or Licensee from one person to another.