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Regulations on Application of ICT Sector Code Amended

April 21, 2022

Independent Communications Authority

Regulations on the application of the ICT Sector Code have been amended.

The Independent Communications Authority published the amended Regulations in Government Gazette 46245.

The amended Regulations in Respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDG) and the Application of the ICT Sector Code were drawn up in terms of the Electronic Communications Act.

A new sub-regulation (1.5) on B-BBEE Contributor Status Level is inserted into Regulation 1.

Amendments to Regulation 3 stipulate that equity held by organs of state or public entities designated as B-BBEE Facilitators in accordance with the B-BBEE Codes will be recognised as black owned equity in accordance with the Codes.

Amendments to Regulation 4 stipulate that existing class licensees will not be required to comply with the minimum B-BBEE Contributor Status Level requirement set out in regulation 4(4) until the renewal, transfer or amendment of their class licences.

A new sub-regulation (1) to Regulation 7 indicates that all applications received prior to the promulgation of the Regulations will be “assessed in terms of the prior regulatory framework and will be required to comply with these Regulations within the transitional period set out in regulation 7(3)”.

The amended Regulations came into effect on the date of publication.