South Africa’s Electronic Communications Amendment (ECA) Bill has been temporarily shelved to allow for further consultations and to have the contents aligned with a drive towards a Fourth Industrial Revolution (4IR) future.

Communications Minister Stella Ndabeni-Abrahams, who was appointed head of the now remerged departments of Communications and Telecommunications and Postal Services late last year, notes that a holistic forward- looking approach is required instead of “ad hoc amendments to the existing legislation”.

“[The] expansion of the Ministry’s mandate and the reconfigured department has implications for policy and legislation, as we are now required to think anew . . . building on the advances of the past 25 years of democratic regulation,” she explains.

The decision to withdraw was made during a Telecommunications and Postal Services Portfolio Committee deliberation on the ECA Bill, which was tabled before Parliament in October 2018.

At the time, while certain aspects of the draft were cautiously accepted, some industry proponents had called for the retraction of the draft amendment in its current form, as it held too many conflicting, ambiguous and allegedly unconstitutional provisions that could stifle competition.

Vodacom group CEO Shameel Joosub welcomes the move, noting that government’s objectives for the sector – in terms of increasing the affordability and reach of broadband, and accelerating economic transformation – can be achieved within the current legislative framework.

“In particular, we are encouraged that the Ministry holds the view that the private sector must play a greater role in the development of the telecommunications industry,” he says.

“Key to ensuring that South Africa does not get left behind in participating in the 4IR is being at the forefront of new technologies such as fifth-generation technologies and the licensing thereof.”

“The 4IR is in our midst, which calls for us to rethink our approach to everything we do, including the kind of institutions that will lead and enable the 4IR,” says Ndabeni-Abrahams.

She notes that Parliament is unlikely to finalise the Bill during the remainder of the current term.

The withdrawal of the Bill will enable further consultations and its alignment with the drive towards the 4IR.

“With regard to the specific issues raised in the report of the Committee on the Bill … these will be considered as part of further consultations with the stakeholders,” she says.

Preliminary engagements have started with some of the stakeholders, with emphasis placed on the need for active collaboration underpinned by the non-negotiable quest to create an inclusive and people-centred 4IR and the digital economy.