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 DOCREF: 1996_004_000_19960322_17052_0369_0487
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South Africa
NATIONAL LEGISLATION TEXTS
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Independent Broadcasting Authority Amendment Act, No. 4 of 1996

Version : As unamended wef 1996/03/22 [GG17052]
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EXPLANATION OF MARKS:

[Bold text in square brackets] is text marked by this Act for deletion from existing enactments
[Underlined text in square brackets] is text marked by this Act for insertion into existing enactments
[Grey text in square brackets] is text containing LegalB’s references or comments
Grey text outside of square brackets is text that has to be verified
Two asterisks thus ** indicates text must only be read in the light of our commentary on this legislation

ACT

Long title

To amend the Independent Broadcasting Authority Act, 1993, so as to regulate broadcasting and the vesting of powers in relation to the administration, management, planning and use of the broadcasting service frequency bands in the territories of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; to further regulate the application of the Act to existing providers of broadcasting signal distribution and broadcasting services in the said territories; to provide for the amendment of certain laws dealing with the jurisdiction of the Independent Broadcasting Authority or the application of the Act in or its incorporation into the law of those territories; to provide for the rationalised and uniform application of the Act in the whole of the national territory of the Republic; and to provide for matters connected therewith.
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[Act 1996_004_000 Long title unamended wef 1996/03/22]

1. Amendment of section 29 of Act 153 of 1993, as amended by section 5 of Act 36 of 1995

Section 29 of the Independent Broadcasting Authority Act, 1993 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (4) of the following subsection:

" [ (4A) In the application of subsections (1), (2), (3) and (4) in the territories of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei after the commencement of the Independent Broadcasting Authority Amendment Act, 1996-

(a) the reference in subsections (1) and (4)(a) to the Radio Act, 1952, shall be construed

(i) in relation to Venda, as a reference to the Radio Act, 1984 (Act No. 15 of 1984) (Venda); and

(ii) in relation to the other territories, as a reference to the Radio Act, 1952, to the extent that it is in force in the territories;

(b) the reference in subsection (1)(b) to the Minister of Posts and Telecommunications shall be construed as a reference to the responsible Minister of the territory concerned;

(c) the reference in subsection (1)(b) to the Postmaster General shall be construed as a reference to the Postmaster General of the territory concerned;

(d) the reference in subsection (1) to 28 January 1994 shall be construed as a reference to 30 March 1994; and

(e) the reference in subsection (4)(c) to 1 September 1993 shall be construed as a reference to-

(i) 7 December 1993 in relation to Transkei;

(ii) 16 March 1994 in relation to Bophuthatswana;

(iii) 3 December 1993 in relation to Venda; and

(iv) 4 February 1994 in relation to Ciskei. ] ".
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[Act 1996_004_001 unamended wef 1996/03/22]

2. Amendment of section 33 of Act 153 of 1993, as amended by section 8 of Act 36 of 1995

Section 33 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) [Where the Republic has, in terms of section 79, entered into an agreement with any state or territory referred to in that section, the] The provisions of subsections (2) and (3) shall mutatis mutandis apply in relation to any person who, immediately prior to [the date of entry into force of such an agreement] [ 30 March 1994 ] , lawfully [ provides] [ provided ] broadcasting signal distribution in [ that state or ] [ the ] territory [ of any of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei] in a manner not inconsistent with the provisions of this Act [ and in such application-

(a) the reference in subsection (2) (a) to a period of 12 months from the said date, shall be construed as a reference to a period of six months from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, or such extended period as the Authority may on good cause shown allow;

(b) the reference in subsection (2)(b)(i) to

(i) 30 March 1995, shall be construed as a reference to the date immediately following the expiry of the period of six months or extended period referred to in paragraph (a), as the case may be;

(ii) 30 March 1996, shall be construed as a reference to a date 12 months after the date contemplated in subparagraph (i). ] ".
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[Act 1996_004_002 unamended wef 1996/03/22]

3. Amendment of section 45 of Act 153 of 1993, as amended by section 14 of Act 36 of 1995

Section 45 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

(4)

[ (a) ] [Where the Republic has in terms of section 79 entered into an agreement with a state or territory referred to in that section, the ] [ The ] provisions of subsection (3) of this section shall mutatis mutandis apply in respect of any person who immediately prior to [ the entry into force of such agreement, provides] [ 30 March 1994, provided ] one or more public broadcasting services in [such state or ] [ the ] territory [ of any of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei ] in accordance with the laws in force therein at the time, [ and in such application the reference in subsection (3) to

(i) the date of commencement of this Act, shall be construed as a reference to 30 March 1994;

(ii) a period of 12 months as from such date of commencement, shall be construed as a reference to a period of six months as from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, or such extended period as the Authority may on good cause shown allow.

(b) Any person who applies to the Authority within the period of six months or extended period referred to in paragraph (a)(ii), as the case may be, for a broadcasting licence in terms of subsection (3) and provides the Authority with satisfactory proof that he or she is entitled to the granting of such a licence shall, where such a licence is not issued before the expiry of that period, be deemed to be the holder of such a licence until the date of the issuing of the licence to which he or she is entitled.

(c) The provisions of section 33(2)(b)(ii) shall mutatis mutandis apply in relation to a licence contemplated in paragraph (b) ] .".
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[Act 1996_004_003 unamended wef 1996/03/22]

4. Amendment of section 46 of Act 153 of 1993, as amended by section 15 of Act 36 of 1995

Section 46 of the principal Act is hereby amended-

(a) by the substitution for subparagraph (ii) of paragraph (b) of subsection (2) of the following subparagraph:

"(ii) Bophuthatswana Commercial Radio (Proprietary) Limited, a licensed broadcaster according to Bophuthatswana law, shall be deemed to be the holder of an existing licence as contemplated in that paragraph [unless an agreement such as that contemplated in section 79 has been entered into between the Governments of the Republics of South Africa and Bophuthatswana] : Provided that the licence which may be deemed to be held in terms of this subparagraph shall in no way derogate from the validity of the licence held under Bophuthatswana law and from the authority of the Bophuthatswana Government to enforce the terms and conditions of that licence, as in force on the second day of September, 1993, under Bophuthatswana law."; and

(b) by the substitution for subsection (3) of the following subsection:

"(3) [Where the Republic has in terms of section 79 entered into an agreement with a state or territory referred to in that section, the] [ The ] provisions of subsection (2) (a) shall mutatis mutandis apply in relation to any person who, immediately prior to [ the entry into force of such agreement, provides] [ 30 March 1994, provided ] a private broadcasting service in [such state or ] [ the ] territory [ of any of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei ] under a valid licence in terms of the laws in force in such [state or ] territory at the time.".
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[Act 1996_004_004 unamended wef 1996/03/22]

5. Insertion of section 47B in Act 153 of 1993

The following section is hereby inserted in the  principal Act after section 47A:

''Special savings as to certain broadcasters  licensed in terms of the law of Transkei and Ciskei

[ 47B. (1) Trinity Broadcasting (Transkei) and Trinity Broadcasting (Ciskei) (licensed broadcasters in terms of the law of Transkei and Ciskei respectively) shall, for a period of 12 months as from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, each be deemed to be a holder of a broadcasting licence in terms of this Act.

(2) The  Authroity may in its discretion grant a private or a community broadcasting licence in terms of this Act to a broadcaster referred to in  subsectoin (1) if such broadcaster applies therefor within the period mentioned in subsection (1) ] . ''.
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[Act 1996_004_005 unamended wef 1996/03/22]

6. Substitution of section 79 of Act 153 of 1993

The following section is hereby substituted for section 79 of the principal Act:

"Application of Act

[ 79. This Act shall apply throughout the national territory of the Republic] .".
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[Act 1996_004_006 unamended wef 1996/03/22]

7. Amendment of certain laws of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei

The laws mentioned in the second column of the Schedule are hereby amended to the extent as indicated in the third column of the Schedule.
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[Act 1996_004_007 unamended wef 1996/03/22]

8. Short title

This Act shall be called the Independent Broadcasting Authority Amendment Act, 1996
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[Act 1996_004_008 unamended wef 1996/03/22]

SCHEDULE. LAWS AMENDED [s7]
No Short title Extent of amendment year of law
Decree No. 13 of 1993 (Transkei) as amended Decree No.13 (Application in Transkei of Certain South African Laws Relating to Transition to Democracy) of 1993 The amendment of section 1 by the deletion of the expressions "Act 153 of 1993" and "the Independent Broadcasting Authority Act, 1993".
Decree No.1 of 1994 (Bophuthatswana) The Administration of Bophuthatswana Decree, 1994 The amendment of section 7 by the deletion of the expression "the Independent Broadcasting Authority Act, 1993, (Act No. 153 of 1993)".
Proclamation No. 26 of 1993 (Venda) Application in Venda of Certain South African Laws Relating to Transition to Democracy Proclamation, 1993 The amendment of section 1 by the deletion of the expressions ''Act 153 of 1993'' and ''the Independent Broadcasting Authority Act, 1993''.
Decree No. 3 of 1994 (Ciskei) Preparatory Administration Decree, 1994 The amendment of section 2 by the deletion of subparagraph (iii) of  paragraph (b).
Decree No.1 of 1994 (Ciskei) Administration of Ciskei Decree, 1994 The amendment of section 8 by the deletion of the expression "the Independent Broadcasting Authority Act, 1993, (Act No. 153 of 1993)''.
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[Act 1996_004_007 Schedule unamended wef 1996/03/22]
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