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Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

Chapter III : Committees

17E. Decision by Authority

 

(1) When making a decision contemplated in section 17D, the Authority must take all relevant matters into account, including—
(a) the recommendations of the Complaints and Compliance Committee;
(b) the nature and gravity of the non-compliance;
(c) the consequences of the non-compliance;
(d) the circumstances under which the non-compliance occurred;
(e) the steps taken by the licensee to remedy the complaint; and
(f) the steps taken by the licensee to ensure that similar complaints will not be lodged in the future.

 

(2) The Complaints and Compliance Committee may recommend that one or more of the following orders be issued by the Authority, namely—
(a) direct the licensee to desist from any further contravention;
(b) direct the licensee to pay as a fine the amount prescribed by the Authority in respect of such non-compliance or non-adherence;
(c) direct the licensee to take such remedial or other steps in conflict with this Act or the underlying statutes as may be recommended by the Complaints and Compliance Committee;
(d) where the licensee has repeatedly been found guilty of material violations—
(i) prohibit the licensee from providing the licensed service for such period as may be recommended by the Complaints and Compliance committee, subject to the proviso that a broadcasting or communications service, as applicable, must not be suspended in terms of this subsection for a period in excess of 30 days; or
(ii) amend or revoke his or her licence; and
(e) direct the licensee to comply with any settlement.

 

(3) The Complaints and Compliance Committee must submit its finding and recommendations contemplated in subsections (1) and (2) and a record of its proceedings to the Authority for a decision regarding the action to be taken by the Authority within 60 days.

 

(4) The Authority must make a decision permitted by this Act or the underlying statutes and provide persons affected by such decision with written reasons therefor.

 

[Section 17E inserted by section 19 of Act No. 3 of 2006]