ARTICLE
14 September 2023

ENSafrica TMT ENSight - Issue 17

E
ENS

Contributor

ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
Welcome to the 17th issue of ENSafrica's TMT ENSight, focusing on topics, news and analysis of novel and interesting developments in the technology, media, and telecommunications space.
South Africa Energy and Natural Resources
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Welcome to the 17th 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 articles look at the long-awaited amendments to RICA that have finally been published, conducting proper software audits, and the relationship between AI and cloud computing.
  • 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 articles

  • Long-awaited amendments to RICA published to address unconstitutional aspects
    • Wilmari Strachan and Naledi Ramoabi discuss important amendments to RICA following an order made by the Constitutional Court.
    • Read the article here.
  • The importance of conducting software audits to avoid costly penalties
    • Isaivan Naidoo and Alexander Powell take us through the importance of proactive and continuous self-audit review processes to assist companies in avoiding hefty penalties.
    • Read the article here.
  • AI and cloud computing: A symbiotic relationship or a hostile collaboration
    • Cloud-based AI provides an opportunity to enhance a company's AI capabilities significantly, but there are some considerations to be taken into account, as Isaivan Naidoo, Kayla Casillo and Alexander Powell explain.
    • Read the article here.

telecommunications

  • GG49279: ICASA Publishes the Invitation to a Workshop in Relation to the Equipment Authorisation Certification Process
    • On 6 September 2023, ICASA published a notice inviting all stakeholders to a workshop in relation to the ICASA Designated Certification Bodies Programme ("ICASA DCB Programme").
    • The ICASA DCB Programme outlines the requirements for a certification body to become a designated certification body per the Equipment Authorisation Regulations, 2022 (published in GG46146 on 31 March 2022).
    • The workshop will be held at ICASA's head office at 350 Witch-Hazel Avenue, Eco Point Office Park, Eco Park, Centurion, on 26 September 2023 from 10h00 to 14h00.
    • All enquiries should be directed to Mr Lumkile Qabaka (Project Manager) by email at LQabaka@icasa.org.za or telephonically at 012 568 4106 between 10h00 and 16h00, from Monday to Friday.
  • GG49052 and GG49245: Notice to Extend the Closing Data for Written Comments on Draft White Paper on Audio and Audiovisual Media Services and Online Content Safety: A New Vision of South Africa 2023
    • On 31 July 2023, the Department of Communications and Digital Technologies published the Draft White Paper on Audio and Audiovisual Media Services and Online Content Safety: A New Vision for South Africa 2023 ("Draft White Paper").
    • The Draft White Paper seeks to create an enabling environment for the provision of inclusive Audio and Audio-Visual Content Services (AAVCS) to all South Africans in a manner that promotes socio-economic development and investment.
    • The Draft White Paper addresses and proposes, amongst other things:
      • Maintaining a 3-tier broadcasting system by creating different categories of AAVC (broadcasting service, on-demand content service, and video sharing platform service);
      • Drawing up a code of conduct for on-demand content services, in addition to the existing code of conduct for broadcasting services;
      • Regulating the content provided through audio and audiovisual content services and
      • Managing ownership, plurality, competition, and investment in the ICT sector.
    • The Department has extended the closing date for receipt of written submissions for the Draft White Paper to, 9 October 2023.
    • All written comments by interested persons should be addressed to:
      • The Acting Director General of Communications and Digital Technologies Block A3, iParioli Office Park, 1166 Park Street, Hatfield, Pretoria Private Bag X860, Pretoria, 0001 WPaavcs@dcdt.gov.za
  • GG49076: General Notice to Non-Responsive ECS/ECNS Licensees to Submit Their Outstanding Compliance Documents and Information
    • On 3 August 2023, ICASA issued a notice, in terms of section 4(3)(g) of the ICASA Act, 2000 (as amended) to the licensees listed in Annexure A of the notice to submit their outstanding compliance documents and information.
    • The required information must be submitted to the Authority by 29 September 2023, failing which ICASA will refer the licensees to the Complaints and Compliance Committee for a hearing and adjudication.
    • For any clarification and/or enquiries regarding the notice, licensees may submit enquiries to:

in the news

  • TikTok opens data centre in Dublin
    • TikTok has opened its first data centre in Europe in Dublin Ireland and plans to open another in Ireland and one in the Hamar region of Norway.
    • The data centre will house European users' data in Dublin as well as the other data centres in Europe once they are running.
    • The decision to move users' data is part of TikTok's ongoing response to data privacy concerns around the social media app.
    • As part of addressing the data privacy concerns, TikTok has also appointed a European security company, NCC Group, to audit cyber-security and data protection controls within TikTok.
    • In the coming months, TikTok and NCC Group will engage with policymakers across Europe to explain how this system will work in practice.
    • More can be read here.
  • Vodacom concludes electricity wheeling agreement with Eskom
    • Vodacom has signed an electricity wheeling agreement with Eskom, allowing Vodacom to add more capacity to the grid without impacting Eskom's balance sheet.
    • Last year, Vodacom announced that it was running an electricity wheeling pilot project with Eskom, and after a successful pilot phase, the solution will now be accessible to the public and private sector to use.
    • The agreement will enable Vodacom to secure independent power producers (IPPs) under the same terms and conditions that underpin its agreement with Eskom.
    • Wheeling of electricity is a common practice globally, and Eskom has approved third-party wheeling since 2008 for the physical export of energy onto the national grid by an IPP, and this facilitates open network access.
    • It allows privately-generated power to be transmitted across the national grid to customers that need it, in a willing buyer/willing seller model, according to Eskom.
    • More about Vodacom's electricity wheeling project with Eskom can be accessed here.
  • Discovery launches a renewable energy platform
    • The Discovery Group has launched Discovery Green, a renewable energy platform that connects businesses across South Africa to renewable power generated by utility-scale renewable plants.
    • Discovery Green is an electricity wheeling system for renewable energy whereby energy is generated at the most efficient locations in the country and "wheeled" to a business through the national grid.
    • In its initial phase, the platform will be open to businesses that are medium to large electricity consumers connected to Eskom's distribution grid.
    • The first businesses to be enrolled include a network of large Discovery corporate partners, and over time, the platform will expand to other clients across South Africa as virtual wheeling and new wheeling frameworks through municipalities become available.
    • Read more about the launch of Discovery Green here
  • Nigeria signs MoU with India focusing on digital solutions
    • On 6 September 2023, Nigeria and India signed a Memorandum of Understanding (MoU) focusing on digital solutions, including establishing a more robust edu-tech ecosystem.
    • The Nigerian President and the Minister of Communications and Digital Economy met with senior Indian government officials and business executives to discuss and sign the MoU.
    • Nigeria has also secured nearly $14 billion of pledges from Indian investors for various projects in different sectors.
    • India's Jindal Steel and Power has committed to invest $3 billion into Nigeria's steel sector, and Indorama Corp plans to invest an additional $8 billion to expand its petrochemical facility in Nigeria.
    • More about the investments from the Indian government and companies in Nigeria can be readhere.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
14 September 2023

ENSafrica TMT ENSight - Issue 17

South Africa Energy and Natural Resources

Contributor

ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
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