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

Regulations

End-User and Subscriber Service Charter Regulations, 2016

Reasons Document: End-User and Subscriber Services Charter Amendment Regulations, 2018

2. Legislative Framework

 

2.1 The amendment of the End-User and Subscriber Service Charter Regulations of 2016 was made in terms of section 4 read with section 69(3) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) ("ECA").

 

2.2 Section 4(1) of the ECA stipulates as follows:

 

"The Authority may make regulations with regard to any matter which in terms of this Act or the related legislation must or may be prescribed, governed or determined by regulation." (our emphasis)

 

2.3 Section 69(3) of the ECA stipulates as follows:

 

"The Authority must, as soon as reasonably possible after the coming into force of this Act, prescribe regulations setting out the minimum standards for end-user and subscriber service charters."

 

2.4 Furthermore, section 69(5) of the ECA stipulates that:

 

"The matters which an end-user and subscriber service charter may address include, but are not limited to—

(a) the provision of information to end-users and subscribers regarding services, rates, and performance procedures;
(b) provisioning and fault repair services;
(c) the protection of private end-user and subscriber information;
(d) end-user and subscriber charging, billing, collection and credit practices;
(e) complaint procedures and the remedies that are available to address the matters at issue; and
(f) any other matter of concern to end-users and subscribers."