Communications & Digital Technologies Minister Mondli Gungubele has directed the Independent Communications Authority of South Africa (ICASA) to ‘prescribe regulations on the rapid deployment of electronic communications networks and facilities/broadband infrastructure’.
According to a Government Gazette notice published on 2 April 2023 and backdated to 31 March 2023, the regulations should:
‘include procedures and processes for resolving disputes that may arise between a licensee and a property owner or any affected person whose rights or legitimate expectations may be materially and adversely affected when a licensee enters upon and uses public and private land for the deployment of broadband infrastructure’, and
‘promote the public interest in the rapid rollout of broadband infrastructure’.
In a separate backdated notice, the Minister has issued the national policy underpinning this directive. It focuses on the procedures to be followed and obligations met in accessing property to instal the necessary infrastructure.
Published by SA Legal Academy Policy Watch