The Type Approval Regulations 2013 were promulgated in terms of section 35(1) of the Electronic Communications Act 2005 (ECA). The regulation requires that any type of electronic communications equipment or facility that is used, or will be used, in connection with the provision of electronic communications (Equipment) must be approved by the Independent Communications Authority of South Africa (ICASA).

On 28 September 2016 ICASA published a discussion document on Equipment Type Approval Exemptions (Exemptions).

Exemptions are given under section 35(2) of the ECA which gives ICASA the power to prescribe certain types of Equipment as:

  1. approved for use by the European Telecommunications Standards Associations or other competent standards body and therefore type approved for local use; or
  2. exempt from type approval altogether.

The discussion document sets out the objectives of the Exemptions, namely to:

  • reduce the regulatory burdens for Equipment manufacturers and importers;
  • encourage investment and innovation in the information and communications technology sector;
  • promote competition in the information and communications technology sector; and
  • encourage research and development in information and communications technology.

The document also asks interested persons the following questions:

  • whether they agree with the listed objectives and would suggest other objectives;
  • the types of Equipment that should fall within category 1 above with justifications; and
  • the circumstances under which Equipment should fall within category 2 above with justifications.

The deadline for written submissions is 2 December 2016.