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(iii) failure to provide [a] an electronic communications service
that the licensee is required to provide under the terms of its
licence or licence exemption, or in terms of this Act or the
underlying statutes; or
(iv) non-compliance with the Act or the underlying statutes;
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(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 [or], electronic 10
communications or postal services;
(e) refer all complaints to the Complaints and Compliance Committee
for consideration [after an investigation into the complaint has
been carried out];
(f) appear before the Complaints and Compliance Committee when 15
requested by such committee; and
(g) co-operate with law enforcement officials when performing his or
her functions.’’.
Amendment of section 17G of Act 13 of 2000, as inserted by section 19 of Act 3 of
2006
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25. Section 17G of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) The Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies
with the [necessary] changes required by the context to entries, searches
and seizures by inspectors in terms of this Act.’’;
(b) by the substitution in subsection (2) for the words preceding paragraph (a) of
the following words:
‘‘An inspector appointed in terms of section 17F may, in order to carry
out his or her functions under this Act or the underlying statutes, at any
reasonable time without prior notice and on the authority of a warrant
issued under subsection (4) enter any premises and, without the use of
force or coercion—’’;
(c) by the substitution in subsection (2) for paragraph (a) of the following
paragraph:
‘‘(a) demand the production of a licence or any other document issued in
terms of the underlying statutes for inspection;’’;
(d) by the substitution in subsection (2) for paragraph (d) of the following
paragraph:
‘‘(d) inspect any radio apparatus, studio, plant, transmitters, apparatus,
other equipment or other broadcasting, electronic communications
or postal service facilities on the premises;’’;
(e) by the insertion of the word ‘‘and’’ at the end subsection (2)(f);
(f) by the substitution in subsection (2) for paragraph (g) of the following
paragraph:
‘‘(g) seize for further examination or safe custody any document or thing
which has or might have a direct bearing on the alleged noncompliance or other act referred to in section 17F on such
premises.’’;
(g) by the substitution in subsection (4) for paragraph (a) of the following
paragraph:
‘‘(a) A magistrate or judge may, upon request by an inspector, but subject
to subsection (b), issue a warrant to such inspector.’’;
(h) by the deletion in subsection (4)(b) of the word ‘‘and’’ at the end of
subparagraph (i), the insertion of the expression ‘‘; and’’ at the end of
subparagraph (ii) and the addition of the following subparagraph:
‘‘(iii) is material to the investigation by the inspector.’’; and
(i) by the addition of the following subsection:
‘‘(8) The inspector must, at the request of the Complaints and
Compliance Committee, and in the course of hearing a complaint or
dispute, provide to the Complaints and Compliance Committee any
document or thing which was obtained or confiscated in terms of this
section.’’.
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