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

Regulations

Equipment Authorisation Regulations, 2021

21. Market Surveillance

 

(1) The Authority may conduct Market Surveillance on all electronic communications equipment, electronic communications facilities and subscriber equipment that are authorised under the following conditions:
(a) In the event that a complaint is made by an affected party, whether indirectly or directly; and/or
(b) As a part of a random audit conducted by the Authority to ensure compliance with the ECA and the Regulations.

 

(2) The Supplier will be required to provide a representative sample for the purposes of conformity assessment, upon request by the Authority.

 

(3) Where the outcome of the Market Surveillance demonstrates that the authorised electronic communications equipment, electronic communications facility and subscriber equipment fails the conformity assessment or essential requirements, the Authority may request the Supplier to verify compliance with essential requirements at the expense of the Supplier.