Telecommunications Act 12 of 1997
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
' Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
Var.. 382 CAPE TOWN, 25 APRIL 1997
KAAPSTAD, 25 APRIL 1997 No. 17961
PRESIDENT'S OFFICE KANTOOR VAN DIE PRESIDENT
No. 640. 25 April 1997 No: 640. , . ' 25 April 1997
It is hereby notified that the President has assented to the following Act which is hereby published for general infor- mation:-
No. 12of1997: Telecommunications Amendment Act. 1997.
Hierby word bekend gemaak dat die President sy goed- keuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
No. 12van1997: Wysigingswet op Telekommunikasie, 1997.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
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TELECOMMUNICATIONS AMENDMENT ACT, 1997
GENERAL EXPLANATORY NOTE: .
[ ] Words in bold type in· square brackets indicate omissions from existing enactments. : · Words underlined with a solid line. indicate insertions in existing enactments.
ACT To amend the Telecommunications Act, 1996, so as to provide for the selection and transfer of personnel from the Department of Communications to the South African Telecommunications Regulatory Authority and the Universal Service Agency; and to provide for matters connected therewith.
(Afrikaans text signed by the President.) (Assented to 23 April 1997.)
BE IT ENACfED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 17 of Act 103 of 1996
1. Section 17 of the Telecommunications Act, 1996 (hereinafter called the principal Act), is hereby amended by the addition of the following subsections: . 5
" 4 An officer or em lo ee of the De artment ma be selected b the Authority, in consultation with the Director-General, for transfer to the Authority, and if so selected shall, notwithstanding any provision to the contrary in the Communications Service Act, 1974 (Act No. 66of1974), but subject to section42 of that Act, as from the fixed date or such later date as may be agreed upon between 10 the Director-General and the Authority, cease to be such officer or employee and, without interruption of his or her service, become an employee of the Authority.
(5) Any person so transferred shall, with effect from the "date of his or her transfer, be appointed by the Authority on the conditions of service determined by it to a post in the Authority which is similar to that which such person occupied in 15 the Department immediately prior to such transfer: Provided that- ( a), such person's salary or salary scale shall not be reduced by such appointment; (b) such person shall retain all vacation and sick leave standing to his or her credit
with the Department immediately preceding his or her transfer, including all monetary benefits attached thereto; 20
(c) such person shall be compensated by the Authority for any loss which he or she may incur as a result of such transfer in respect of unemployment benefit contributions, medical aid contributions or other expenditure on health care that is necessary so as not to place him or her in a less favourable position with
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Act No. 12, 1997 TELECOMMUNICATIONS AMENDMENT ACT, 1997
regard to such expenditure than that which applied to him or her immediately prior to his or her transfer, as well as for any other loss arising from any transfer from his or her present headquarters to new headquarters in accordance with the procedure applicable to officers and employees of the Department; and 5
( d) such person's conditions of employment in respect of matters not specified in paragraphs (a) to (c) of this subsection shall not be less favourable to him or her than those which applied to him or her immediately prior to the transfer.
(6) Any person transferred from the Department in terms of subsection (4) who immediately prior to such transfer was a member of the Government Employees 10 Pension Fund, shall notwithstanding any provision to the contrary in any law or in the rules of that pension fund, upon such transfer remain a member of that pension fund for all purposes and the Authority shall contribute to the said pension fund in respect of that person to the same extent as an employer is required in terms of the laws on and the rules of that pension fund to contribute to that pension fund in 15 respect of an employee who is a member of that fund.
(7) For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of employer shall be deemed to have taken place when an officer or employee of the Department is transferred to the Authority in terms of subsection (4), and the position of such officer or employee in respect of the phasing in of tax 20 levied on a benefit or advantage derived by reason of employment or the holding of any office as contemplated in Schedule 7 to the Income Tax Act, 1962, shall be deemed to remain unchanged. ·
(8) Any disciplinary steps instituted or contemplated against any person transferred from the Department in terms of subsection (4) in respect of alleged 25 misconduct committed prior to his or her transfer to the Authority, shall be disposed of or instituted, as the case may be, in terms of the laws applicable to him or her immediately before such transfer.
(9) At least one month before the fixed date, the Director-General shall in writing inform every officer and employee of the Department either- 30 (a) that he or she has been selected for transfer to the Authority in terms of
subsection (4), and of the post that will be occupied by him or her and the date on which the transfer is to take effect; or
(b) that he or she is to remain with the Department and of the post which he or she will occupy in the Department; or 35
( c) that his or her services are to be terminated, as from a specified date, owing to the abolition of his or her post in the Department.
(10) Notwithstanding any provision to the contrary in section 42 or any other section of the Communications Service Act, 1974 (Act No. 66 of 1974), any proposed action of which an officer or employee is notified in terms of subsection 40 (9) shall be deemed to be an act which may form the subject of an appeal to the Minister in terms of the said section 42. · ·
{11) Any sucli appeal shall be lodged within 14 days of receipt of such notification by the officer or employee.
(12) Any person contemplated in subsection (9)(c) shall be entitled to special 45 severance conditions and benefits not less favourable to him or her than those prescribed under the Public Service Act, 1994 (Proclamation No. 103of1994), in respect of a person to whom that Act applies and whose services are terminated because of the abolition of his or her post.
(13) For the purposes of this section the term "fixed date" shall mean the date 50 - determined by the Minister by notice in the Gazette.".
Amendment of section 60 of Act 103 of 1996
2. Section 60 of the principal Act is hereby amended- . . (a) by the substitution for subsection (2) of the following subsection:
"{2) The Head shall- 55 (a) employ such other persons; (b) accept the secondment, as contemplated in section 16(4) of the
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Act No. 12, 1997 TELECOMMUNICATIONS AMENDMENT ACT, 1997
Communications Service Act, 1974 (Act No. 66 of 1974), or the transfer of such persons in the service of the Department, --
- as are necessary to assist him or her with -the perfonnance of the functions of the Agency.";
(b) by the addition to subsection (6) of the following paragraph: - 5
: Short title
•'(d) The provisions of section 17(4) to (13) shall apply, with the · _ necessary changes, to any person transferred from the Department to the
Agency.":
3. This Act shan be called the Telec~~unications Aniendment Act, 1997. 10