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KEABETSWE MODIMOENG      CHAIRPERSON      DATE  11/04/2022    ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005)      REGULATIONS     The Independent Communications Authority of South Africa has, under section   4(3)(k) of the Independent Communications Authority of South Africa Act, 2000   (Act No.13 of 2000), as amended, read with sections 4, 9(2)(b) and 13(3)(a) of   the Electronic Communications Act, 2005 (Act No.36 of 2005), as amended, made   the regulations in the Schedule.    SCHEDULE      1. Definitions     In these regulations, the Regulations means the regulations published by   Government Notice No 170 of 31 March 2021.    2. Amendment of Regulation 1 of the Regulations     2.1 Regulation 1 of the Regulations is hereby amended by the substitution for   sub-regulation 1.5 of the following sub-regulation     1.5.  B-BBEE Contributor Status Level   - means a B-BBEE status as   referred to in paragraph 5.2 of Statement AICT000 of Code Series AICT   000 of the ICT Sector Code, as determined in terms of Statement AICT000   of Code Series AICT000, Statement AICT004, of Code Series AICT000, or   Statement AICT600 of Code Series AICT600 of the ICT Sector Code, and   as confirmed by a valid B-BBEE Verification Certificate, a sworn affidavit   or a CIPC issued certificate, as may be applicable;    2   2.2 Regulation 1 of the Regulations is hereby amended by the substitution for   sub-regulation 1.24 of the following sub-regulation     1.24  ICT Sector Code  - means the Amended Information and   Communication Technology Sector Code published in terms of section 9   (1) of the B-BBEE Act on 3 November 2016;     3. Amendment of regulation 3 of the Regulations       3.1 Regulation 3 of the Regulations is hereby amended by the substitution for   sub-regulation (3) of the following sub-regulation     (3) Equity held by Organs of State or Public Entities designated as B-   BBEE Facilitators, by the Minister of Trade, Industry and Competition   in accordance with the B-BBEE Codes, will be recognised as black   owned equity in accordance with the B-BBEE Codes.    3.2 Regulation 3 of the Regulations is hereby amended by the substitution for   paragraph (b) of sub-regulation (6) of the following paragraph     (b) A credible assurance report issued by a SANAS recognised and   accredited verification agency confirming ownership equity held by   historically disadvantaged groups (excluding Black People if a B-   BBEE Verification Certificate is provided in terms of regulation   3(6)(a)) determined in accordance with Appendix 1.     4. Amendment of regulation 4 of the Regulations     4.1 Regulation 4 of the Regulations is hereby amended by the substitution for   sub-regulation (5) of the following sub-regulation     (5) Subject to regulation 7, existing Class Licensees will not be required   to comply with the minimum B-BBEE Contributor Status Level   requirement set out in regulation 4(4) until the renewal, transfer or   amendment of their Class Licences.    3   4.2 Regulation 4 of the Regulations is hereby amended by the substitution for   sub-regulation (7) of the following sub-regulation     (7) Proof of compliance with regulations 4(1) and 4(4) will, subject to   regulation 4(8), be by way of a B-BBEE Verification Certificate.     5. Amendment of Regulation 5     Regulation 5 of the Regulations is hereby amended by the substitution for   sub-regulation (2) of the following sub-regulation     (2) Notwithstanding the provisions of regulations 3(5) and 4(6), the   Authority may, within ten (10) Business days of such notification, call   for proof, as set out in sub-regulations 3(6) and 4(7), of ongoing   compliance post the said Transfer(s) with regulations 3(1) and 4(1).     6. Amendment of Regulation 6     Regulation 6 of the Regulations is hereby amended by the substitution for   sub-regulation (1) of the following sub-regulation     (1) A person that submits false, misleading or inaccurate information to   the Authority is guilty of an offense and subject, on conviction to a    ne of not less than R50 000 but not exceeding R5 million.     7. Amendment of Regulation 7     Regulation 7 of the Regulations is hereby amended by the substitution for   sub-regulation (1) of the following sub-regulation     (1) All applications received prior to the promulgation of these   Regulations will be assessed in terms of the prior regulatory   4   framework and will be required to comply with these Regulations   within the transitional period set out in regulation 7(3).     8. Short title and Commencement     These Regulations are called the 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 and will   come into force upon publication in the Government Gazette.   5 

Electronic Communications Act (36/2005): Amendment of HDG and ICT Sector Code Regulations