Welcome to the fourth issue of ENSafrica's TMT ENSight, focusing on topics, news and analysis of novel and interesting developments in the technology, media and telecommunications space. In this edition:

  • Our featured article looks at the Films and Publications Amendment Act, 2019, which recently came into force.
  • Back to basics, explaining the ins and outs of contract playbooks and their benefits.
  • Telecommunications, a roundup of recent developments in the telecoms sector.
  • In the news, a curation of topical events in the technology and telecommunications industry.

featured article

  • Amendments to the Films and Publications Act, 1996 are now in force
    • Wilmari Strachan and Naledi Ramoabi look at how the new Films and Publications Amendment Act, 2019 accounts for technological advancements regarding digital content creation and distribution in the new century.
    • Read the article here.

back to basics

  • Contract playbooks
    • Ridwaan Boda explains why a well-drafted contract playbook is essential to save time, effort and expense in the contract negotiation process.
    • Read more here.


  • GG45939: ICASA Publishes the list of Applicants Qualified as bidders on Licensing Process for IMT Spectrum
    • On 31 January 2022, the Independent Communications Authority of South Africa ("ICASA") received six applications responding to the Invitation to Apply ("ITA").
    • The ITA was for the licensing process for International Mobile Telecommunications ("IMT") in respect of the provision of the mobile broadband wireless access services for urban and rural areas using complimentary bands IMT700, IMT800, IMT2600 and IMT3500.
    • The successful bidders who qualify to proceed to the auction stage of the licensing process are:
      • Cell C;
      • Liquid Telecoms;
      • MTN;
      • Rain Networks;
      • Telkom; and
      • Vodacom.
    • ICASA has also amended the timelines for the ITA.
      • Bidder Seminar: 28 FEB 2022
      • Individual Mock Auctions: 1-3 MAR 2022
      • Opt-in Auction: 8 MAR 2022
      • Main Auction: 10 MAR 2022
    • Further to GG46013, ICASA has published a notice regarding the location of the opt-in round for qualified bidders pursuant to the ITA as follows:
      • Date: TUES, 8 MAR 2022
      • Time: Starting at 10:00
      • Venue: The Independent Communications Authority of South Africa
        Block C
        350 Witch-Hazel Avenue,
        Eco Point Office Park,
        Eco Park, Centurion, Gauteng
    • ICASA reminds qualified bidders that only two authorised representatives will be allowed at the venue and they are advised to be at the venue before the start of the opt-in auction for registration purposes.
  • GG 45984: Broadcasting Digital Migration Policy (as amended): announcement of date for final switch-off of the analogue signal and the end of dual illumination
    • On 28 February 2022, the Minister of Communications and Digital Technologies proclaimed 31 March 2022 as the date for the final switch-off of the analogue signal.
    • The decision for the final switch-off was made in light of the Digital Migration Regulations (Government Notice 1070, Government Gazette 36000 of 14 December 2012).
    • The terrestrial television broadcasting service licensees licence conditions, for licensees who have appointed an electronic communications network service licensee to provide signal distribution services, have been met.
    • The licence conditions are based on coverage requirements for Multiplexes 1 and 2.
    • The number of indigent households which have registered to receive government assistance regarding set-top boxes and the progress made with installing them will enable the analogue switch-off in various provinces by 31 March 2022.
    • SENTECH is the appointed service provider for providing signal distribution services to the South African Broadcasting Corporation ("SABC").
    • SENTECH has confirmed that the digital broadcast signal for the SABC, that is provided through terrestrial and satellite networks, is at 100%.

in the news

  • Government has abandoned its requirements for the licensing of Wholesale OpenAccess Network (WOAN)
    • Cabinet has abandoned its plans to launch a Wholesale Open-Access Network ("WOAN"). The open-access network model was first proposed as part of the National Integrated ICT Policy White Paper, published in 2016 under the former minister of telecommunications, Siyabonga Cwele. The model was a key part of the strategy to transform the telecommunications industry and aimed to improve access to broadband connectivity and competition in South Africa's mobile market.
    • Cabinet has revealed that it has approved an amendment of the policy on high-demand spectrum, as well as the policy direction on the licensing of the WOAN. The proposed amendments apparently remove the requirements to licence the WOAN. A new policy direction on the licensing of the WOAN will be published for public comment.
    • Further background regarding the new policy direction can be found here and here.
  • New directive for government departments that want to use cloud computing services
    • On 10 February 2022, the Minister of Public Service and Administration approved the implementation of the Public Service Cloud Computing Determination and Directive.
    • The Determination and Directive aims to provide government bodies guidance on how to adopt, use, manage, and terminate cloud services with third parties.
    • The Determination and Directive applies to all government departments and their personnel.
    • According to the Determination and Directive, before using any cloud services, government departments must prepare a business case detailing the scope of the cloud services and conduct a risk assessment and cloud readiness assessment.
    • For government entities that are already making use of cloud computing services, the head of department is expected to conduct a risk assessment and table the risk assessment report of the current services at the departmental risk committee.
    • Government bodies are expected to comply with all the requirements found in the Determination and Directive within six months of approval and publication of the Determination and Directive.
    • More information about the Determination and Directive can be accessed here.
  • South Africa in the top 10 list of countries with the most cybercrimes
    • Research by Surfshark has revealed that South Africa is part of the top 10 countries in the world that are severely impacted by cybercrimes.
    • South Africa ranks number six on the list and it is the only African country in the top 10 countries.
    • The United Kingdom was in first place, followed by the United States in second place, and Canada ranked third on the list.
    • According to the research, South Africa has approximately 51 victims of cybercrimes per one-million internet users.
    • South Africa also had the sharpest increase in cybercrimes out of all the countries.
    • Surfshark hypothesised that the reason for the increase in cybercrimes in South Africa was due to the COVID-19 pandemic.
    • More news regarding the report can be found here, and the report can be accessed here
  • Tech giants partner with GirlCode for all-women hackathon
    • South African e-tailer Takealot.com, as well as Amazon Web Services, Mint Group, DVT and Lenovo partnered with GirlCode in hosting an all-women hackathon.
    • GirlCode is a non-profit organisation that equips women with skills to take on roles in the technology industry.
    • The theme of the hackathon was "break the bias", and took place on 8 March 2022 and 9 March 2022, in celebration of International Women's Day.
    • Participants of the hackathon formed groups of two to four in order to take part in the hackathon.
    • The hackathon was hosted at the 22onSloane campus in Johannesburg.
    • More on the partnership can be found here.
  • Africa's first Metaverse marketplace launches
    • On 28 February 2022, Mann Made launched a metaverse marketplace that is known as Ubuntuland.
    • Ubuntuland is the first Metaverse marketplace to be launched on the African continent.
    • Ubuntuland comprises of 204 642 plots of land that makeup different villages in various community hubs.
    • Once live to the public, the plots of land in Ubuntuland will be available for purchase and they will be priced according to a tiered value system.
    • The plots of land in Ubuntuland will be available for the public to purchase in the second quarter of the year.
    • The Ubuntuland currency will be the $UBUNTU token, and it was built based on the Ethereum blockchain
    • The valuation of the $UBUNTU token will be calculated according to what users invest, build, or trade inside the metaverse.
    • More information on the launch of Ubuntuland can be read here.

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