Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNumber Portability Regulations, 201813. Contraventions and Penalties |
| (1) | A licensee who if found to have contravened these regulations will be subject to: |
| (a) | A fine; or |
| (b) | A non-monetary penalty; or |
| (c) | A fine and non-monetary penalty. |
| (2) | Monetary penalties |
| (a) | A Licensee that contravenes regulation 5(1), 5(2), 6(1), 6(2) and 6(3) of these Regulations shall be liable to a fine no less than R 300,000.00 but not more than R 1, 500, 000.00. |
| (b) | A Licensee that contravenes Regulation 7 (1) of the Regulations and regulations 2, 4 and 5 of Schedule A of the Regulations, is liable to a fine of not less than R 500,000.00 but not more than R 2,000,000.00. |
| (c) | A Licensee that contravenes regulation 9 of the Regulations and regulations 3 and 6 of Schedule A of the Regulations is liable to a fine of not less than R 500,000.00 but not more than R 1,000,000.00. |
| (d) | For all other contraventions, not listed in the above paragraphs of this sub-regulation, a Licensee is liable to a fine not less than R 50, 000.00 but not more than R 299, 000.00. |
| (3) | Non-Monetary penalties |
| (a) | A Licensee that contravenes regulation 8, regulation 10 (6), regulation 11 (2) shall be subject to non-monetary penalties that may include the publication of non-compliance on the licensee and the Authority’s website as well as conduct an awareness campaign, at the cost of the licensee, in various national media platforms as determined by the Authority. |