[30 May 2025]

ICASA (Independent Communications Authority of South Africa) investigated how loadshedding affects licensed services. However, the authority’s ability to intervene was significantly restricted, resulting in minimal outcomes from this inquiry.

Summary of finding document on the inquiry into the effects of load shedding in Electronic Communications and Broadcasting Sector

[19 February 2024]

ICASA has prolonged the period for industry stakeholders to submit proposals on how the regulator can leverage its authority to address service provision challenges stemming from the current energy supply limitations. It appears that the initial response was somewhat limited.

The new deadline for written submissions, including responses to the provided questionnaire, is now 16:00 on Friday, 1 March 2024. Submissions should be sent via email to electricitycrisis@icasa.org.za.

ICASA Loadshedding Inquiry re-opening of period for submissions 16 February 2024

[3 December 2023]

ICASA has issued a notification announcing its plans to initiate an investigation into the ramifications of load shedding. The Authority is also exploring potential regulatory measures aimed at mitigating the impact of load shedding within the electronic communications, broadcasting, and postal sectors.

Included in the notification is a questionnaire, and responses should be submitted via email to electricitycrisis@icasa.org.za by 8 February 2024.

ICASA Notice of intention to conduct an inquiry into the impact of loadshedding on licensees

ICASA Load-Shedding Questionnaire

[5 April 2023]

Government has decided to terminate the state of disaster with immediate effect.

ICASA did not proceed with any additional actions, and they are no longer legally obliged to pursue the directives issued by the Minister.

[29 March 2023]

The Minister of Communications and Digital Technologies has instructed ICASA to implement measures within the sector to address the impacts of the state of disaster. Additionally, ICASA is tasked with taking steps, where relevant, to mitigate the escalation of electricity supply constraints.

SCHEDULE

1.      Definitions

In these Directions, a word or expression to which a meaning has been assigned in the Electronic Communications Act, 2005 (Act No. 36 of 2005) and the Disaster Regulations bears the meaning so assigned and, unless the context otherwise indicates—

“Disaster Regulations” means the Regulations issued in terms of section 27(2) of the Disaster Management Act and published on 27 February 2023 in Government Notice No. R. 3095 of Government Gazette No. 48152.

2.      Purpose

The purpose of these Directions is to ensure that measures are taken in respect of the communications and digital technologies sector to effectively deal with the effects of the national state of disaster and where applicable prevent the escalation of the electricity supply constraints.

3.      Directions to the Independent Communications Authority of South Africa

3.1 The Minister directs the Independent Communications Authority of South Africa (the “Authority”), to urgently consider the following interventions:

(a) Require electronic communications service and electronic communications network service licensees that are mobile network operators and broadcasting service licensees to issue public service announcements on the national state of disaster, at no cost to the user, after consultation with the Government Communications and Information System;

(b) consult with electronic communications service, electronic communications network service and broadcasting service licensees on what constitutes critical electronic communications and broadcasting infrastructure and make recommendations to the Minister, to enable the Minister to inform the relevant Cabinet member regarding the granting of exemptions from load-shedding or reduced load shedding, as contemplated in regulation 5(1)(b) of the Disaster Regulations; and

(c) consult with electronic communications service, electronic communications network service and broadcasting service licensees on regulatory obligations that could be relaxed for the purposes of giving effect to the objects set out in the Disaster Regulations and make recommendations to the Minister, to enable the Minister to consider further directions to the Authority.

3.2 The Minister further directs that the Authority’s approach in respect of the consultation contemplated in paragraph 3.1(b) and (c) should be guided by –

(a) a consideration of the degree to which compliance with regulatory obligations by licensees is dependent upon access to a consistent electricity supply;

(b) measures necessary to effectively deal with the direct or indirect effects of the disaster; or

c) measures necessary to assist in preventing the escalation of the electricity supply constraints or in reducing its impact.

3.3 The Authority is requested to assess the impact of the interventions contemplated herein following its implementation, in order to make recommendations to the Minister on further actions required.

COMMENCEMENT

These Directions come into operation on the date of publication in the Government Gazette.

Disaster Management Act: Communications and digital technologies sector

[23 March 2023]

The Department of Trade, Industry, and Competition, in consultation with the Competition Commission, has released preliminary regulations aimed at exempting certain agreements or practices among energy users and suppliers. These measures are designed to support regulatory efforts to prevent further escalation of electricity supply constraints and the potential for a complete blackout.

Stakeholders and interested parties are encouraged to submit feedback on the draft regulations by 16:00 on 30 March 2023. Comments should be directed to Ms Aldene Appolis (AAppolis@thedtic.gov.za) or Mr Ivan Galodikwe (IGalodikwe@thedtic.gov.za).

Draft Block Exemption Regulations for Energy Users, 2023

Draft Block Exemption Regulations for Energy Suppliers, 2023

[23 March 2023]

The Minister of Cooperative Governance and Traditional Affairs has announced a nationwide state of disaster due to the unprecedented load shedding currently affecting the country. The measures are intended to minimize the impact of this disaster, ensure essential infrastructure remains operational, and facilitate processes to accelerate the generation of new electricity while enhancing the efficiency of Èskom’s current power plants.

Disaster Management Act (57/2002): Regulations issued in terms of Section 27 (2) of the Act