INDEPENDENT COMMUNICATIONS
AUTHORITY OF SOUTH AFRICA
PRESENTATION
LOSHNIE GOVENDER
LICENSING AND COMPLIANCE
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PRESENTATION CONTENT
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2.
3.
4.
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8.
INTRODUCTION
ICASA’S MANDATE
LEGISLATIVE FRAMEWORK
CORE FUNCTION
SOUTH AFRICAN POST OFFICE’S COMPLAINT
POSTAL SERVICES ACT 124 OF 1998
FUNCTIONS OF THE REGULATOR
CONCLUSION
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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.
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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).
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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
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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.
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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.
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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…
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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 Monopoly
4.30.2.1 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 countries
4.30.2.1.2 The issuing of postage stamps within the country.
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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.
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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.
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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.
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Coming together is a beginning.
Keeping together is progress.
Working together is success.
Thank You
Loshnie Govender
Licensing and Compliance
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