Housing Development Agency Act, 2008
R 385
Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)Chapter II : Independent Communications Authority of South Africa4B. Inquiries by Authority |
| (1) | The Authority may conduct an inquiry into any matter with regard to— |
| (a) | the achievement of the objects of this Act or the underlying statutes; |
| (b) | regulations and guidelines made in terms of this Act or the underlying statutes; |
| (c) | compliance by applicable persons with this Act and the underlying statutes; |
| (d) | compliance with the terms and conditions of any licence by the holder of such licence issued pursuant to the underlying statutes; and |
| (e) | the exercise and performance of its powers, functions and duties in terms of this Act or the underlying statutes. |
| (2) | The Authority must, in the Gazette, give notice of its intention to conduct an inquiry and such notice must indicate the purpose of the inquiry and invite interested persons to— |
| (a) | submit written representations on or before a date specified in the notice, which date may not be less than 45 days from the date of publication of the notice; and |
[Paragraph (2)(a) substituted by section 4(a) of Act No. 2 of 2014]
| (b) | indicate in their written representations whether they require an opportunity to make oral representations to the Authority. |
| (3) | Written representations made pursuant to a notice referred to in subsection (2) must, subject to subsection (5), be open to inspection by the public at the premises and during the normal office hours of the Authority. |
| (4) | The Authority must, when so requested by any person and upon payment of the prescribed fee, provide such person with a copy of or extract from any representation made. |
| (5) | Subject to section 4D, the Authority may, at the request of any person making a written representation, determine that any document or information that is commercially sensitive or any other matter reasonably justifying confidentiality may not be open to inspection by the public, if such document or information can be separated from the written representation or other documents in question. |
(6)
| (a) | The Authority must advise persons contemplated in subsection (2)(b) of the place where and time when oral representations may be made. |
| (b) | Oral representations must, subject to section 4C, be open to the public. |
| (7) | The period provided for in subsection (2)(a) may be extended if an inquiry is of a complex nature or where substantial research or analysis is required by any interested person. |
[Subsection (7) inserted by section 4(b) of Act No. 2 of 2014]
| (8) | Before the exercise and performance of any of its powers and duties in terms of this section, the Authority must— |
| (a) | consider whether or not, in terms of any concurrent jurisdiction agreement concluded between the Authority and any other authority or institution, it would be appropriate to refer an inquiry to such authority or institution; or |
| (b) | subject to section 67 of the Electronic Communications Act and the terms and conditions of any concurrent jurisdiction agreement concluded between the Authority and the Competition Commission, bear in mind that the Competition Commission has primary authority to detect and investigate past or current commissions of alleged prohibited practices within any industry or sector and to review mergers within any industry or sector in terms of the Competition Act. |
[Subsection (8) inserted by section 4(b) of Act No. 2 of 2014]
| (9) | Subject to the terms and conditions of the concurrent jurisdiction agreement or unless otherwise agreed to by the Authority and the other authority or institution in question, the Authority may not take any action where a matter has already been brought to the attention of and is being dealt with by that other authority or institution. |
[Subsection (9) inserted by section 4(b) of Act No. 2 of 2014]
[Section 4B inserted by section 6 of Act No. 3 of 2006]
