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

PRESENTATION CONTENT 1.INTRODUCTION 2.ICASA’S MANDATE 3.LEGISLATIVE FRAMEWORK 4.CORE FUNCTION 5.SOUTH AFRICAN POST OFFICE’S COMPLAINT 6.POSTAL SERVICES ACT 124 OF FUNCTIONS OF THE REGULATOR 8.CONCLUSION 2

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. 3

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). 4

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 5

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. 6

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

POSTAL SERVICES ACT NO.124 OF 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…

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 Protection of the Monopoly The Regulator shall protect the Post Office in a number of areas including: The carrying of letters, as defined in Chapter 2, within and between South Africa and other countries The issuing of postage stamps within the country. 9

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. 10

CONCLUSION  The White Paper on Postal Policy Chapter 4, subsection 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. 11

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. 12

Coming together is a beginning. Keeping together is progress. Working together is success. Thank You Loshnie Govender Licensing and Compliance 13