RepealedThis General Notice was repealed on 11 November 2021 by ICT COVID-19 National State of Disaster Regulations, 2021.
This is the version of this General Notice as it was when it was repealed.
Independent Communications Authority of South Africa Act
The ICT COVID-19 National Disaster Regulations
General Notice 238 of 2020
- Published in Government Gazette no. 43207 on 6 April 2020
- Assented to on 3 April 2020
- Commenced on 6 April 2020
- [This is the version of this document from 1 September 2021.]
- [Amended by ICT COVID-19 National Disaster Amendment Regulations (General Notice 252 of 2020) on 5 May 2020]
- [Amended by ICT COVID-19 National Disaster Second Amendment Regulations (General Notice 500 of 2020) on 11 September 2020]
- [Amended by ICT COVID-19 National Disaster Third Amendment Regulations (General Notice 678 of 2020) on 27 November 2020]
- [Amended by ICT COVID-19 National Disaster Fourth Amendment Regulations (General Notice 165 of 2021) on 1 April 2021]
- [Amended by ICT COVID-19 National Disaster Fifth Amendment Regulations (General Notice 314 of 2021) on 1 June 2021]
- [Amended by ICT COVID-19 National Disaster Sixth Amendment Regulations (General Notice 785 of 2021) on 1 September 2021]
- [Repealed by ICT COVID-19 National State of Disaster Regulations, 2021 (General Notice 661 of 2021) on 11 November 2021]
1. DefinitionsIn these Regulations, unless the context otherwise indicates, a word or expression to which meaning has been assigned in the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), underlying statutes, the Disaster Management Act, 2002 (Act No. 57 of 2002) and the regulations made by ICASA has the meaning so assigned.The following words shall have the meanings assigned to them below:"the Act" means the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended;"Disaster Management Act" means the Disaster Management Act, No. 57 2002;"National Disaster" means the COVID-19 pandemic in the Republic of South Africa, as declared as such by the Head: National Disaster Management Centre, Department of Cooperative Governance and Traditional Affairs in terms of Notice No. 312, Government Gazette No. 43096 dated 15 March 2020, pursuant to the provisions of section 23(1)(b) of the Disaster Management Act;"National State of Disaster" means the national state of disaster as declared by the Minister of Cooperative Governance and Traditional Affairs in terms of Notice No. 313, Government Gazette No. 43096 dated 15 March 2020, pursuant to the provisions of 27 of the Disaster Management Act; and"Regulations" means all or any regulations, determinations and guidelines issued by the Authority in terms of the Act.
2. PurposeThe purpose of these Regulations is to prescribe minimum standards that licensees must adhere to only during the subsistence of the National State Disaster in order to -
3. ScopeThe Regulations apply to all authorisations, certificates, applications and registrations made and /or issued in terms of the Act, Broadcasting Act and the Postal Services Act.
4. Minimum standardsNotwithstanding the provisions of the Regulations and any licences issued, the following minimum standards shall apply during the subsistence of the National State of Disaster:
Tariffs notification:[heading substituted by section 2(b) of General Notice 314 of 2021]
South African sound and television broadcasting services performance period:
Table 1[subregulation (8A) inserted by section 2(a) of General Notice 252 of 2020 and substituted by section 2(g) of General Notice 314 of 2021]
|Public Television Broadcasting||Commercial Television Broadcasting||Community Television Broadcasting|
|Minimum weekly average of its programming measured over a period of a year||Minimum weekly average of its programming measured over a period of a year||Minimum weekly average of its programming|
Quarterly submission of programming logs and recordings to the authority:
Requirement to convene community meetings including any Annual General Meetings (AGMs):
Submission of applications
Television broadcasting services to persons with disabilities
Deployment of electronic communications facilities
5. Type Approval
6. Access to radio frequency spectrumTemporary assignment of Radio Frequency Spectrum
7. Postal servicesThe South African Post Office shall, upon written on request by relevant officials of the Department of Health, law enforcement agency or any other organ of state involved with management and control of the spread of the COVID-19 pandemic, make available its national address system, including any relevant database, to such official, agency or organ of state, as the case may be, for the purposes of tracking and tracing persons that are infected with COVID-19, and/or persons that may have been in direct physical contact with such infected persons.
8. ConflictsIn the event of conflict between the provisions of these Regulations and other Regulations of the Authority, the provisions of these Regulations shall prevail.
9. Contravention and penaltiesAny person who contravenes regulation 4 (9), (16), (17) and (18) and regulation 6 (6) and (12) of the Regulations, is liable to a fine not less than R100 000.00 (one hundred thousand Rand) for each day that the contravention occurs.
10. Short title and commencementThese Regulations are called "The ICT COVID-19 National Disaster Regulations" and will come into force on the date of publication in the government gazette, and only endure until termination of the National State of Disaster.
History of this General Notice
11 November 2021
1 September 2021 this version
1 June 2021Read this version
1 April 2021Read this version
27 November 2020Read this version
11 September 2020Read this version
5 May 2020Read this version
6 April 2020Published in Government Gazette no. 43207General Notice commences.Read this version
3 April 2020Assented to by council.
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