Practice AREA
Technology Media and Communications
MHA has a long track record of advising clients in the electronic communications, media, and broadcasting industries, having advised the likes of MTN, Independent Communications Authority of South Africa (ICASA), Eskom, The Department of Communications, the SA Post Office and the Land Bank. The practice has supported ICASA as their attorneys for at least 15 years, which has positioned MHA as a leading regulatory firm in broadcasting and communications. It is headed by Leslie Mkhabela.
The suite of services provided by MHA in this area include:
- Amendment of licences.
- Commercial contracts.
- Conducting enquiries.
- Drafting legislative amendments.
- Judicial reviews.
- License applications and transfers.
- Providing regulatory opinions.
- Representation at public hearings.
- Representation before ICASA’s Complaints and Compliance Committee (CCC).
The team has the expertise and capacity to assist clients in the drafting of service-level agreements and information technology-related agreements.
We also represent clients before the Press Ombud in relation to complaints arising from publications in the print media, and advise clients on issues of data privacy, access to information and protection of personal information (both from POPIA and GDPR perspectives).
- Acted as South African legal counsel in a project relating to the development, construction and deployment of undersea cable networks around the African continent.
- Advised ICASA (together with Interconnect) on the development of new licence terms and conditions in line with the Electronic Communications Act which came into operation on 19 July 2006 and introduced new licence categories.
- Advised ICASA in the drafting of Mobile Handset Subsidy Regulations and during the litigation flowing therefrom.
- Advised ICASA in the drafting of type-approval regulations for telecoms equipment, the drafting of Radio Frequency Spectrum Licence Regulations, the making ofRegulations for the Implementation of Carrier Pre-Selection and Carrier Selection (2002) and Draft Carrier Pre-Selection Regulations (2003).
- Appointed by the Common Market for Eastern and Southern Africa (COMESA) to develop broadcasting policy and a model broadcasting law for the countries inCOMESA.
- Legal advisor to the Department of Communications, advising on various regulatory and other issues concerning the invitation of applications for the third cellular telecommunications service licence.
- Legal advisor to Eskom on the telecommunications issues arising in regard to its corporatisation and investment in a joint venture for the development of a long-distance telecommunications service provider in Nigeria.
- Legal advisor to one of the applicants for the 19% black economic empowerment stake in the Second Network Operator.
Advised ICASA on the legality of the policy directive issued by the Minister of Communications on the determination of Interconnection Rates for mobile telephoning termination rates. - Advised ICASA on the disposal by Telkom Limited of its 50% interest to Vodafone Limited.
- Advised ICASA on the constitutionality of amendments to the Independent Communications Authority of South Africa Act.
- Advising ICASA on the constitutionality of certain provisions of the Broadband Infraco Act;
- Legal advisor to the Department of Communications regarding legislative reforms required to facilitate e-commerce.
- Involved in drafting the Electronic Communications and Transactions Act, 2002.
- Legal Advisor, as part of a multi-disciplinary team, to the Department of Trade and Industry on preparing a National Space Policy Framework for legislative reforms ofSouth Africa’s national space laws.
- Advised the South African Post Office on the establishment of joint ventures on e-billing and e-procurement.
- Advised the Land Bank in a project for the overhaul of its entire banking system.
- Advised a state-owned company on various contractual and regulatory matters arising from a major network security breach.
- Legal advisor to the Competition Commission, advising on the proposed Telkom/BCX merger.
- Advised the New Partnership for Africa’s Development, an economic development program of the African Union, in a project for the establishment of e-Schools throughout Africa.
- Advised ICASA on the drafting and eventual promulgation of regulations issued in terms of the Disaster Management Act.
- Advised the Gauteng Provincial Government and SITA in relation to a project for the rollout of broadband throughout the Gauteng Province.
- Advised the Department of Basic Education and NECT in a project for the development of bespoke software to facilitate improvement of education outcomes in the country. Lodged complaints with the Press Ombudsman as well as instituted various defamation claims on behalf of clients.
- Appeared on behalf of clients before the Complaints and Compliance Committee of ICASA in relation to a plethora of disputes arising from ICT Law related matters.
KEY CONTACTS
- +27 11 783 8020
- +27 82 469 1976
- mkhabela@mhalaw.co.za
- +27 11 783 8020
- +27 83 420 1260
- enabor@mhalaw.co.za
MAKE AN ENQUIRY
- Tel: +27 11 783 8020
- Fax: +27 11 783 3842
Address
107 Johan Avenue Block B, Wierda Court Dennehof, Sandton 2196 Johannesburg, South Africa.
- 2024
- Mkhabela Huntley Attorneys Inc. All rights reserved.