Public Law and Regulatory Matters

MHA advises on a range of public law issues, access to information, privacy and data protection (personal information) consumer protection, communication interception, government procurement, public property management, and public finance management.

The firm also advises on regulated industries and sectors such as health, nuclear power, public transport, electronic communications and others.

Key public law and regulatory matters we have been involved in are:

• Advising ICASA (Independent Communications Authority of South Africa) on various matters on an ongoing basis for at least the past 8 years, including drafting of regulations, providing legal opinions, public enquiries and litigation, including but not limited to the following:
  • The disposal by Telkom Limited of its 50% interest advise limited to Vodaphone Limited.
  • Drafting of proposed amendments to the Electronic Communications Act, 36 of 2005.
  • Drafting of mobile handset regulations.
  • Drafting of type approval regulations communication equipment.
  • Drafting of radio frequency spectrum licence regulations.
  • The constitutionality of amendments to the Independent Communications Authority of South Africa Act, the ICASA.
  • The constitutionality of certain provisions of the Broadband Infraco Act.
  • The interconnection dispute between MTN and Cell C.
  • The constitutionality, the legality of the policy directive issued by the Minister of Communications on the determination of interconnection rates for mobile telephoning termination rates.
  • Drafting of mobile broadcasting regulations.
• Advising Total South Africa (Pty) Ltd on various regulatory matters including appearances at NERSA (National Energy Regulator of South Africa) on applications for authorisations for construction pipeline and storage facilities.