This is the ICT Weekly Update on legal, regulatory and policy developments in the ICT industry prepared by Lisa Thornton Inc for clients and colleagues. Michalsons reproduces it, in part, here with the permission of Lisa Thornton Inc.

New Findings, Judgments and Announcements


  • Go here for information about the National Integrated ICT Policy White Paper.


  • The DoC has published its Annual Report 2015/2016

SA Law Reform Commission

  • The SA Law Reform Commission has published its annual Report: 2015/2016

.za DNA

  • An adjudicator has ordered the transfer of the domain to World Sports Betting (Pty) Ltd

New Proceedings


Pending Proceedings – Representations due


  • ICASA has given notice that it has received an application from Transnet SOC Ltd for 1800 MHz spectrum, for comment due 25 Oct 2016.
  • ICASA has published a Discussion Document on Equipment Type Approval Exemption for comment due 2 Dec 2016.


  • Cran has published a notice of intention to make Regulations Setting Fees for Spectrum Licenses, for comment due 3 Nov 2017.

Pending Proceedings – Representations Due


  • ICASA has given notice that it has received an application from Transnet SOC Ltd for 1800 MHz spectrum, for comment due 25 Oct 2016
  • ICASA has published a Discussion Document on Equipment Type Approval Exemption for comment due 2 Dec 2016.
  • Inquiry into the number portability regulations. Comment is due 28 Oct 2016.
  • ICASA has given notice that it has received an application from KTH Media Investment for amendment of its spectrum licence, for comment due 26 Oct 2016.
  • ICASA has given notice of an application for the transfer of control of the licences of Neotel to Liquid Telecom, for comment due 18 Oct 2016.


  • Cran has published a notice of intention to make Regulations setting fees for Spectrum Licenses, for comment due 3 Nov 2017.

Pending Proceedings – Outcome Awaited


  • Films and Pubications Amendment Bill
  • Protection of Critical Infrastructure Bill
  • Protection of State Information Bill

Minister of Communications or Telecommunications and Postal Services

  • Appointment of members of the Appeal Tribunal of the Film and Publication Board
  • Draft Community Broadcasting Support Scheme
  • Policy direction to ICASA to conduct an inquiry and prescribe regulations in terms of section 67(4) of the EC Act

Former Minister of Communications

  • National Integrated ICT Policy Discussion Paper
  • Policy  Directions in respect of 800 MHz and 2.6 GHz radio bands
  • Cyber-security Policy
  • Strategy on local and digital content development
  • Set top box manufacturing sector development strategy
  • Findings of the study on the trends of digital local content and uptake rates
  • Policy direction to ICASA to conduct an inquiry and prescribe regulations in terms of section 67(4) of the EC Act.


[Pending decisions about individual licenses and complaints are not included in this list]

  • Inquiry into Subscription Broadcasting Services
  • Amended regulations establishing the Consumer Advisory Panel
  • Amendment to the Radio Frequency Spectrum Regulations, 2015
  • Regulations on code of conduct for premium rated services
  • Information Memorandum for licensing IMT spectrum
  • Revised Code for Persons with Disabilities Regulations
  • VoIP Market Inquiry Findings
  • Inquiry into the state of competition in the information and communications technology sector Findings
  • Implementation framework for toll free services
  • Regulatory Framework for Wholesale Broadcasting Transmission Services
  • Introduction of local loop unbundling
  • Radio frequency spectrum fee regulations applicable to broadcasting
  • Ownership and control regulations
  • Amended E-rate regulations
  • Must carry obligations
  • Technical standards for power line communications
  • Essential facilities regulations

High Court

  • MTN – review challenging ICASA’s regulations prohibiting shareholding changes that reduce HDI ownership below 30% without prior approval of ICASA.


  • Tender for Project Management for Digital Migration
  • Recommendations to the MoTaPS in respect of the Qualifying Criteria for the Set-Top-Box Scheme of Support.


  • Cybercrimes and Cybersecurity Bill

South African Law Reform Commission

  • Discussion Paper on the review of the law of evidence. The Discussion Paper concerns, inter alia, the admissibility of electronic evidence.

Minister of Trade and Industry

  • Copyright Amendment Bill, 2015

Minister of Science and Technology

  • Regulations on the protection of the Karoo Central Astronomy Advantage Areas
  • Regulations to prohibit activities in core astronomy advantage areas
  • Regulations on radio astronomy protection levels in astronomy advantage areas.
  • Regulations in terms of the Astronomy Advantage Areas Act

Minister of Justice and Constitutional Development

  • Promotion of Access to Information Amendment Bill
  • 18th Amendment Bill to the Constitution and State Liability Bill
  • Ratification of Council of Europe’s Convention on Cyber crime (dealing with computer-related fraud and forgery and infringement of copyright).

City of Johannesburg

  • By-laws re rights of way for electronic communications facilities

Films and Publication Board

  • Draft Online Regulation Policy

.za DNA

  • Amended charters for the domains,,,, and

B-BBEE ICT Sector Council

  • Aligned ICT Sector Code


  • Digital Terrestrial Television Licensing Framework
  • Development of Cost Models and Pricing Framework for ICT Services in Botswana

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