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

Regulations

Amendment Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDGs) and the application of the ICT Sector Code, 2021

Appendices

Appendix 1: Methodology to be used to compile Credible Assurance Report

3. Required Documents

 

3.1 Individual Licensees are required to report compliance with the HDG Equity Requirement in accordance with the Compliance Procedure Manual Regulations by submitting a Form 1 and any supporting documents outlined in therein.

 

3.2 Individual Licensees must submit the following documents:
3.2.1 Proof of the shareholding held by the persons reflected in paragraph 5 of Form 1. This proof will include:
3.2.2 Certified copies of the Individual Licensee’s latest share register.
3.2.3 Certified copies of the each of the Individual Licensee’s shareholders’ share certificates.
3.2.4 Certified copies of the Individual Licensees’ constitutional documents which includes memorandum of incorporation, memorandum of understanding, shareholders agreement or joint venture agreement.
3.2.5 The Companies and Intellectual Property Commission’("CIPC") confirmation of the directors on the Licensee’s board of directors.
3.2.6 Any documents to prove that shareholders (ultimately the group of persons set out in clause 2.1.1) were paid dividends in the proportion of their shareholding during the past financial year.

 

3.3 If any such shareholders of the Individual Licensees are juristic persons, a diagram of the structure of shareholding in such shareholder, using the method set out in clause 2.5, to identify rights of ownership ultimately accruing to natural persons who is a citizen of South Africa and falls within the group of persons set out in clause 2.1.1.
3.3.1 The diagram should also indicate the percentage of South African citizens’ shareholding in those entities in which they are shareholders.
3.3.2 The Individual Licensees should submit:
3.3.2.1 the share registers of those shareholders and share certificates required to indicate the rights of ownership ultimately accruing to natural persons who are citizens of South Africa and fall within the group of persons set out in clause 2.1.1.
3.3.2.2 shareholders’ agreements at every tier of shareholding in respect of the Individual Licensee until the South African citizen which the Individual Licensee seeks to rely on for compliance with the HDG Equity Requirement.

 

3.4 If any such shareholders of the Individual Licensees are natural persons, the identity numbers of such shareholders, with certified copies of their identity documents/books.

 

3.5 If any shareholders of the Individual Licensee or shareholders of the shareholders of the Individual Licensee are trusts, the Licensee must submit the following documents:
3.5.1 the trust deed;
3.5.2 a letter from the trustees confirming:
3.5.2.1 who the beneficiaries of the trust are; and
3.5.2.2 that such beneficiaries are South African citizens or, to the extent that such trust does not only have citizens as beneficiaries, indicating the extent (percentage) to which citizens are beneficiaries.

 

3.6 If people with disability are shareholders of an Individual Licensee, submission of that person’s proof of disability status (e.g. valid disability certificate from a medical practitioner or evidence of registration to receive a Disability grant from the Department of Social Services).

 

3.7 If there is any ownership held directly by organs of state or public entities, proof of this in the form of share certificates or confirmation from the organ of state or public entities.

 

3.8 If there is any ownership held by organs of state or public entities that are designated as B-BBEE facilitators, submission of a copy of the Government Gazette issued in terms of which the shareholder is identified as a B-BBEE facilitator in accordance with the B-BBEE Act.