| (a) |
must exercise the powers and perform the duties conferred and imposed upon it by this Act, the underlying statutes and any other applicable law; |
[Paragraph (1)(a) substituted by section 3(a) of Act No. 3 of 2014]
| (b) |
[Paragraph (1)(b) deleted by section 5 of Act No. 3 of 2006]; |
| (c) |
subject to section 231 of the Constitution, must act in a manner that is consistent with the obligations of the Republic under any applicable international agreement. |
| (2) |
The Authority is subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999). |
| (3) |
Without derogating from the generality of subsections (1) and (2), the Authority— |
| (a) |
may make recommendations to the Minister on policy matters and amendments to this Act and the underlying statutes which accord with the objects of this Act and the underlying statutes to promote development in the broadcasting, electronic transactions, postal and electronic communications sectors; |
[Paragraph (3)(a) substituted by section 3(c) of Act No. 3 of 2014]
| (b) |
must monitor the broadcasting, postal and electronic communications sectors to ensure compliance with this Act and the underlying statutes; |
[Paragraph (3)(b) substituted by section 3(c) of Act No. 3 of 2014]
| (c) |
must control, plan, administer and manage the use and licensing of the radio frequency spectrum in accordance with bilateral agreements or international treaties entered into by the Republic; |
[Paragraph (3)(c) substituted by section 3(c) of Act No. 3 of 2014]
| (d) |
must develop, monitor and enforce compliance with licence conditions and regulations consistent with the objects of this Act and the underlying statutes for different categories of licences; |
[Paragraph (3)(d) substituted by section 3(c) of Act No. 3 of 2014]
| (e) |
may grant, renew, amend, transfer and revoke licences in accordance with the provisions of this Act and the underlying statutes; |
[Paragraph (3)(e) substituted by section 3(c) of Act No. 3 of 2014]
| (f) |
must approve technical parameters and transmitter and transmission characteristics to be used by licensees; |
| (g) |
may, by notice in writing, direct the holder of a licence in terms of the underlying statutes to produce or furnish to the Authority, at a time and place specified in the notice, any documents and information specified in such notice and relating to any matter in respect of which a duty or obligation is imposed on such licensee by this Act or the underlying statutes; |
| (h) |
may conduct research on all matters affecting the broadcasting, electronic transactions, postal and electronic communications sectors in order to exercise its powers and perform its duties; |
[Paragraph (3)(h) substituted by section 3(d) of Act No. 3 of 2014]
| (i) |
may attend conferences convened by the relevant United Nations Specialised Agencies and any other bodies and, where applicable, must implement any decisions adopted by such Agencies and other bodies to which the Republic is a party; |
| (j) |
may make regulations on any matter consistent with the objects of this Act and the underlying statutes or that are incidental or necessary for the performance of the functions of the Authority; |
[Paragraph (3)(k) substituted by section 3(e) of Act No. 3 of 2014]
| (l) |
may inspect electronic communications apparatus used for electronic communications; |
[Paragraph (3)(l) substituted by section 3(e) of Act No. 3 of 2014]
| (m) |
may undertake inquiries on any matter within its jurisdiction; |
| (n) |
must investigate and adjudicate complaints submitted to the Authority in terms of this Act, the underlying statutes, and licence conditions. |
[Paragraph (3)(n) substituted by section 3(f) of Act No. 3 of 2014]
[Paragraph (3)(o) inserted by section 3(g) of Act No. 3 of 2014]
| (p) |
except where section 74(1) of the Electronic Communications Act applies, must determine a penalty or remedy that may be appropriate for any offence of contravening any regulation or licence condition, as the case may be, contemplated in this Act or the underlying statutes, taking into account section 17H; and |
[Paragraph (3)(p) inserted by section 3(g) of Act No. 3 of 2014]
| (q) |
must exercise the powers and perform the duties of the Authority in terms of the Postal Services Act. |
[Paragraph (3)(q) inserted by section 3(g) of Act No. 3 of 2014]
[Subsection (3) substituted by section 3(b) of Act No. 3 of 2006]
| (3A) |
The Authority, in exercising its powers and performing its duties— |
| (a) |
must consider policy made, and policy directions issued, by the Minister in terms of this Act, the underlying statutes and any other applicable law; and |
| (b) |
may conclude a concurrent jurisdiction agreement with any relevant authority or institution and must, at least once every three years, where necessary, review and revise the agreement by agreement with the authority or institution in question. |
[Subsection (3A) inserted by section 3(h) of Act No. 3 of 2006]
(4)
| (a) |
Subject to subsection (2), the Council may in writing delegate any power, function or duty of the Authority in terms of this Act or the underlying statutes to— |
| (ii) |
any committee of the Council established in terms of section 17; or |
| (iii) |
the chief executive officer appointed in terms of section 14. |
| (b) |
The power to make regulations may not be delegated in terms of paragraph (a). |
| (c) |
A power, function or duty delegated to the chief executive officer may be performed by any other staff member of the Authority authorised by the chief executive officer, except where precluded by the terms of such delegation. |
| (d) |
Subject to paragraph (e), a delegation in terms of paragraph (a) or (c)— |
| (i) |
is subject to such conditions as may be determined by the Council or chief executive officer, as the case may be; and |
| (ii) |
may at any time be amended or revoked. |
| (e) |
The Council or chief executive officer, as the case may be, is not divested of any power, function or duty or relieved of any duty which it may have delegated in terms of paragraph (a) or (c) and may amend or revoke any decision made in terms of such delegation except where any licence will be affected by the revocation or the amendment of the decision. |
| (f) |
The power to grant, renew, amend, revoke or transfer any individual licence may not be delegated to a councillor or to a committee of the Council. |
[Paragraph (4)(f) substituted by section 3(i) of Act No. 2 of 2014]
| (g) |
Notwithstanding the provisions of this section, any councillor or committee delegated with any power or duty of the Authority in terms of this Act, subject to paragraph (f) or the underlying statutes, must submit a report on the exercise and performance of that power and duty to the Council; |
[Paragraph (4)(g) substituted by section 3(i) of Act No. 2 of 2014]
| (h) |
Notwithstanding the provisions of this subsection, the council must exercise general control over the exercise of the powers and the performance of the duties of the authority in terms of this Act and the underlying statutes. |
[Paragraph (4)(h) inserted by section 3(j) of Act No. 3 of 2006]
[Subsection (4) inserted by section 5 of Act No. 3 of 2006]
| (5) |
The chairperson of the Council must— |
| (a) |
provide overall leadership to the Council; |
| (b) |
manage the activities of the councillors; and |
| (c) |
perform any function assigned to him or her in terms of any law. |
[Subsection (5) inserted by section 5 of Act No. 3 of 2006]
Statistics Act, 1999
