ELECTRONIC COMMUNICATIONS NETWORK & FACILITIES: INPUT SOUGHT ON DRAFT RAPID DEPLOYMENT REGULATIONS

The Independent Communications Authority of South Africa (ICASA) has called for input by 1 June 2026 on draft regulations seeking to provide for the rapid deployment of electronic communications networks and facilities.

The proposed new regulations make no reference to a draft ministerial policy direction issued in March 2026, among other things instructing ICASA to develop secondary legislation for precisely the same purpose. The deadline for public comment on the draft direction was recently extended to 25 April 2026 – as SA Legal Academy has already reported.

Interestingly, an explanatory memorandum accompanying the draft regulations does refer to a March 2023 ministerial policy direction on which no action was taken at the time.

This notwithstanding, among other things the latest set of proposals covers:

  • the responsibilities of licensees
  • the process entailed and procedures to be followed when entering land or property for various reasons
  • mandatory pre-entry stakeholder consultation
  • deployment co-ordination to avoid infrastructure duplication
  • the alteration, deviation and removal of networks and/or obsolete or redundant facilities
  • compensation for any loss incurred following entry onto land or property
  • updating the geographical information system database
  • penalties, and
  • dispute resolution

Please click the links below for more information:

  • draft regulations
  • explanatory memorandum
  • SA Legal Academy report on March 2026 draft ministerial policy direction
  • SA Legal Academy report on March 2023 draft ministerial policy direction

Published by SA Legal Academy Policy Watch

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