SA Government: Electronic Communications Amendment Bill

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SA Government: Electronic Communications Amendment Bill

• 29 June 2026
• Law
• South African Accounting Academy

Summary:
The Portfolio Committee on Communications and Digital Technologies has published the Electronic Communications Amendment Bill [B12– 2026], and has invited stakeholders and interested parties to make written submissions thereon.

Article:

This Bill aims to lower data costs and boost competition in South Africa. Key measures include a "use it or share it" rule for unused spectrum, standardized wayleaves for rapid infrastructure deployment, and mandated access to mobile virtual network operator (MVNO) services.

The Bill also empowers ICASA with explicit concurrent jurisdiction alongside the Competition Commission to regulate telecom markets more effectively.

In summary, the Bill seeks:

• to amend the Electronic Communications Act, 2005, so as to enable the Minister responsible for local government to make a national standard by-law on rapid deployment of electronic communications networks and facilities; 
• to enable the ‘‘use it or share it’’ principle for spectrum; 
• to regulate roaming and mobile virtual network operator services; 
• to improve the facilities leasing framework and provide for wholesale pricing rules and standards; 
• to provide for improved competition regulation; and 
• to provide for matters connected therewith.

The deadline for comments is 21 August 2026.

Click here to download the 20-page document:

https://www.parliament.gov.za/storage/app/media/Bills/2026/B12-2026_Electronic_Communications_AB.pdf

Relevance to Auditors, Independent Reviewers & Accountants:

• The ECT Act is a piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
• As an employer, you also need to comply with the relevant ECT aspects in your workplace.
• You should also be aware of and keep up-to-date with proposed amendments to relevant electronic communications.

Relevance to Your clients:

• An entity (company or close corporation) has a duty to comply with all laws, otherwise they could be held liable.
• An employer has a duty to comply with all the relevant electronic communications.

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