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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

National and Provincial Party Elections Broadcasts and Political Advertisements Second Amendment Regulations, 2024

Reasons Document - April 2024

4. Amendment of the Regulations

 

4.1 The Court Order set aside the amended Regulation 4(2) and reinstated it to its pre-amendment form. Thus, Regulation 4(2) is reinstated in its pre-amendment form in line with the Court Order.

 

4.2 Regulation 4(7) is amended to give 24 hours to a BSL that rejects a PEB submitted by a political party or an independent candidate for broadcast, to furnish the political party or independent candidate concerned with written reasons for the rejection. The 2024 First Amendment Regulations allowed 5 days for a broadcaster to furnish the political party or independent candidates with the reasons for rejection because in terms of the the 2024 First Amendment Regulations “in terms of sub-regulation (2) a BSL receives all PEB submissions by a singular cut-off date2”. The new regulation 4(2) as directed by the Court Order no longer requires that the PEBs are submitted by the once cut-off date.

 

4.3 Regulation 4(19) is amended to align with the timelines in the pre-amendment Regulation 4(2), regarding the submission of PEBs.

 

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2 Ibid, page 26.