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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

National and Provincial Party Elections Broadcasts and Political Advertisements Second Amendment Regulations, 2024

Reasons Document - April 2024

3. The Process

 

3.1 Section 4 (4) of the ECA requires the Authority to publish, not less than 30 days before a regulation is made, the regulation in the gazette, firstly declaring the Authority’s intention to make the regulation and secondly, inviting the interested parties to make written representations on the regulation.

 

3.2 The poling day is the 29th May 2024 as promulgated by the President of the Republic in Government Gazette No. 50166 of 23 February 2024. The Authority is required in terms of the ECA and the Constitution to regulate broadcasting sector in the public interest. Should the Authority follow the normal process, the consequential amendments to the 2024 First Amendment Regulations which are necessitated by the Court Order may not be implemented timeously in relation to the impending elections, thereby impacting adversely on the efficacy of the Regulations during the election period. Furthermore, adherence to the notice and consultation process may also have the effect of shortening the election broadcasting period, if it were to be completed before the election day.

 

3.3 In the circumstances, to effect the amendments to the 2024 Second Amendment Regulations as contemplated in paragraph 4 below, the Authority resorted to section 4(7)(b) of the ECA, which empowers the Authority to make any regulations which the public interest requires be made without delay, without regard to the notice and comment procedure stipulated in section 4(4) of the ECA.

 

3.4 Notwithstanding the position adopted by the Authority as stated in paragraph 3.3 above, on 10 April 2024 the Authority invited the BSLs who indicated their intention to broadcast PEBs to provide written submissions on proposed amendments to regulation 4(7) because the proposed amendment may have a direct and material impact on the processing of PEBs by BSLs. The closing date for submissions by BSLs was stipulated at 12 April 2024, in order to ensure that the process is not delayed.