ICASA ready to fulfil CPA mandate

Section 5 (3) of the CPA, allows a regulatory authority to apply to the minister of Trade and Industry for an industry-wide exemption from one or more provisions of the CPA on the grounds that those provisions overlap or duplicate a regulatory scheme administered by that regulatory authority in terms of any national legislation.

ECA overlap

Section 2(n) of the Electronic Communications Act (ECA) mandates ICASA to, among other things; promote the interests of consumers with regard to the price, quality and variety of electronic communications services. Therefore, recognising the potential for overlap and duplication of functions with the NCC, it has begun evaluating the ECA and its regulations as well as the Postal Services Act and its regulations for purposes of establishing the necessity of applying for exemption in accordance with section 5 of the CPA.

It is also beginning a public consultation process to solicit the views of consumers and operators within the electronic communications and postal services sectors to assist in any decision to make application for exemption or not and,if so, the nature of the exemption sought.

Section 97 of the CPA requires the NCC to liaise with other regulatory authorities on matters of common interest and to negotiate agreements in order to coordinate and harmonise the exercise of jurisdiction over consumer matters in the relevant sectors.

The two authorities have begun discussions on this score and a Memorandum of Agreement will be entered into in the near future.