INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA PRESENTATION LOSHNIE GOVENDER LICENSING AND COMPLIANCE 1.

1

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA PRESENTATION

LOSHNIE GOVENDERLICENSING AND COMPLIANCE

2

PRESENTATION CONTENT

1. INTRODUCTION 2. ICASA’S MANDATE3. LEGISLATIVE FRAMEWORK4. CORE FUNCTION 5. SOUTH AFRICAN POST OFFICE’S COMPLAINT6. POSTAL SERVICES ACT 124 OF 19987. FUNCTIONS OF THE REGULATOR8. CONCLUSION

3

INTRODUCTION

The Independent Communications Authority of South Africa (ICASA) is the regulator

for the South African communications, broadcasting and postal services sector.

ICASA was established by an Act of statute, the Independent Communications

Authority of South Africa Act of 2000, as Amended.

ICASA's mandate is spelled out in the Electronic Communications Act for the

Licensing and Regulation of Electronic Communications, Broadcasting Services and

by the Postal Services Act for the regulation of the Postal Sector.

4

ICASA’S MANDATE

The Authority is responsible for regulating the telecommunications, broadcasting

and postal industries in the public interest and ensure affordable services of a

high quality for all South Africans.

The Authority also enforces compliance with rules and regulations, protects

consumers from unfair business practices and poor quality services. Further the

Authority has created a body that hears and decides on disputes and complaints

brought against Licensees.

ICASA is a Chapter 9 institution (an institution which supports democracy) in

terms of the South African Constitution and is a portfolio organisation of the

Department of Communications (DoC).

5

LEGISLATIVE FRAMEWORK

Postal Services Act No. 124 of 1998

Postal Services Amendment Act of 2006

The White Paper on Postal Policy

ICASA Amendment Act 3 of 2006

The Constitution of South Africa

6

CORE FUNCTION

The Authority is mandated by the Postal Services Act ( Act No. 124 of 1998) as

amended , the South African Post Office License issued i.t.o. sec. 16(13) of the

Postal Services Act , The Independent Communications Authority Act of

South Africa and the

Electronic Communications Act (Act 36 of 2006)

To Monitor and Enforce the License Conditions and ensure compliance to

applicable legislation.

7

SAPO’S COMPLAINT

The Authority has received an official complaint that Municipalities'

Nationally are illegally delivering mail.

The Authority has conducted an investigation to these allegations and

has confirmed that 31 Municipalities nationally are acting in

contravention of the provisions contained in Schedule 1 of the Postal

Services Act No. 124 of 1998.

8

POSTAL SERVICES ACT NO.124 OF 1998

Schedule 1 – Reserved Postal Services

The reserved postal services include-

(a)all letters, postcards, printed matter, small parcels and other postal articles…

(c) the provision of roadside collection and address boxes.

2. For the purposes of this Schedule, a letter means any form of written communication

or other document, article or object that is directed to a specific person or persons or

specific address and is to be conveyed other than by electronic means and includes a

parcel, package or wrapper containing any such communication…

9

FUNCTION OF THE REGULATOR

As stipulated in Chapter four of the White Paper on Postal Policy, the Regulator has a duty to perform certain functions namely;

The Regulator – The Protector of the reserved monoply

4.30.2 Protection of the Monopoly4.30.2.1 The Regulator shall protect the Post Office in a number of areas including:4.30.2.1.1 The carrying of letters, as defined in Chapter 2, within and between South Africa and other countries4.30.2.1.2 The issuing of postage stamps within the country.

10

CONCLUSION

As can be adduced, The action by the Municipalities' delivering their own mail

without engaging the services of South African Post Office is a clear

contravention of the afore mentioned section.

Schedule 1 of the Postal Services Act No. 124 of 1998, as amended clearly

stipulates the mandate of the reserved monopoly, and that the monopoly has

been granted to the South African Post Office Limited, under strict Licence

Terms and Conditions.

11

CONCLUSION

The White Paper on Postal Policy Chapter 4, subsection 4.30.2 highlights the role

and responsibility of the Regulator as the protector of this monopoly.

Based on the above, the contravening Municipalities are kindly requested to

desist from continuing to act in breach of the aforementioned legislative

prescripts.

12

CONCLUSION

The Authority is willing and available to address any concerns that could

potentially hamper a positive working environment between the parties.

And to assist in ensuring a mutually viable arrangement is achieved.

13

Coming together is a beginning.Keeping together is progress.Working together is success.

Thank You Loshnie Govender

Licensing and Compliance