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

Chapter III : Committees

17F. Inspectors

 

 

(1) The Authority must appoint suitably qualified inspectors to perform the functions provided for in this Act and may terminate any such appointment for good cause.

[Subsection (1) amended by section 24(a) of Act No. 2 of 2014]

 

(2) Any person who is not in the full-time service of the Authority and who is appointed as an inspector pursuant to subsection (1) must be paid such remuneration as the Authority may determine.

 

(3) An inspector appointed in terms of subsection (1) must be provided with a certificate of appointment stating that he or she has been appointed as an inspector in terms of this Act signed by or on behalf of the chairperson of the Council.

 

(4) When an inspector performs a function in terms of this Act, he or she must be in possession of such certificate of appointment and show it at the request of any person affected by the performance of such function.

 

(5) An inspector must, when instructed to do so by the Council—
(a) monitor compliance by licensees with licence terms and conditions and licence exemptions;
(b) monitor compliance by licensees with the provisions of this Act and the underlying statutes;
(c) investigate and evaluate any alleged or suspected—
(i) non-compliance by a licensee with its licence terms and conditions, licence exemption, and provisions of this Act or the underlying statutes;
(ii) breach by a licensee of an agreement between such licensee and its subscribers;
(iii) failure to provide an electronic communications service that the licensee is required to provide under the terms of its licence or licence exemption, in terms of this Act or the underlying statutes; or
(iv) non-compliance with the Act or the underlying statutes;
(d) refer all non-compliance matters to the Complaints and Compliance Committee for consideration where an inspector determines that a licensee has not complied with the terms and conditions of its licence, licence exemption, the provisions of this Act or the underlying statutes or failed to provide broadcasting, electronic communications or postal services;
(e) refer all complaints to the Complaints and Compliance Committee for consideration;
(f) appear before the Complaints and Compliance Committee when requested by such committee; and
(g) co-operate with law enforcement officials when performing his or her functions.

[Subsection (5) amended by section 24(b) of Act No. 2 of 2014]

 

(6) The Authority may prescribe the procedures to be followed by inspectors.

 

 

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