ICASA Findings: Load Shedding Impact on Electronic Communications

Posted 23 May 2025 Written by Acts Online
Category Communications & Digital Technologies

Brought to you by SA Legal Academy: The Independent Communications Authority of South Africa (ICASA) has published a summary of findings following its inquiry into the impact of load shedding on the electronic communications and broadcasting sectors.

In terms of the Electronic Communications Act, No. 36 of 2005, the Authority initiated this inquiry in December 2023 to determine the extent to which various stages of load shedding have hindered the ability of licensees to comply with regulatory requirements. The findings document assesses whether specific regulatory relief measures are necessary to ensure the continued provision of services, noting that Eskom’s generation capacity has not yet fully stabilised despite the implementation of recovery plans.

The summary of findings highlights several key considerations for the sector:

  • Regulatory Relief: ICASA is considering the implementation of relief measures to assist licensees in managing the operational and financial burdens caused by persistent power instability.
  • Force Majeure: The Authority noted that certain existing regulations already contain provisions allowing licensees to apply for exemptions from specific requirements when force majeure events prevent compliance.
  • Infrastructure Resilience: ICASA recommends that licensees continue to invest in renewable energy solutions and alternative power sources to maintain service efficiency during load shedding periods.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; professional awareness of the regulatory framework governing service delivery failures during national power crises is required.
  • For your business: Licensees should review their current compliance status and determine if load shedding qualifies as a force majeure event under their specific license conditions to seek regulatory exemptions.
  • For your clients: Advise clients in the telecommunications and broadcasting sectors to document the specific impacts of load shedding on their operations to support potential applications for regulatory relief or exemptions.

Originally published at https://legalacademy.co.za/news/read/electronic-communications-icasa-publishes-findings-on-load-shedding-impact-inquiry

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