Amendments to South Africa’s Electronic Communications Act (ECA) and the Independent Communications Authority of South Africa (ICASA) Act will give the regulator greater jurisdiction over electronic transactions, and the ability to impose higher fines on offenders.
President Jacob Zuma assented both the ECA and the ICASA Act on April 7, 2014, with the series of amendments being published in the Government Gazette No. 37536.
The acts will come into operation on a date set by Zuma in the Government Gazette.
The amendments to the ICASA Act serve to “confirm the use of electronic communications networks and services for the purpose of electronic transactions; and to provide for matters connected therewith,” giving ICASA the power to regulate the e-commerce sector.
According to the amended acts, ICASA will have the power to “make recommendations to the Minister on matters dealt with or to be dealt with in the Electronic Transactions Act”.
The ICASA Act also allows the regulator to increase fines it is allowed to impose on offending parties.
The new fining system allows ICASA to impose fines of up to ZAR5 million (US$479,000).
ICASA has seen opposition from mobile operators after the announcement of asymmetrical mobile termination rates (MTRs). The feud culminated in a court case, with the judge ruling the new rates were “invalid and unlawful” but would be allowed to be imposed for six months, pending a review by ICASA.
