Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Municipal Elections Party Elections Broadcasts and Political Advertisements Regulations, 2011

1. Definitions

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In these regulations, any word or expression to which a meaning has been assigned in the Act will bear such meaning, unless the context indicates otherwise:

 

"the Act"

means the Electronic Communications Act 2005, (Act No.36 of 2005);

 

"BSL"

means broadcasting service licensee;

[Definition inserted by section 2(2.1) of the Municipal Elections Broadcasts and Political Advertisements Amendment Regulations 2016, Notice No. 3, GG39738, dated 26 February 2016]

 

"CCC"

means the Complaints and Compliance Committee as established in terms of section 17A of the ICASA Act;

[Definition inserted by section 2(2.2) of the Municipal Elections Broadcasts and Political Advertisements Amendment Regulations 2016, Notice No. 3, GG39738, dated 26 February 2016]

 

"CCC Regulations"

means the Regulations Governing Aspects of the Procedures of the Complaints and Compliance Committee of the Authority, published in Government Gazette No.33609, Notice No. R 886 of 06 October 2010 as amended by Government Gazette No. 46091, Notice No. 917 of 28 March 2022;

[Definition substituted by section 2(2.1) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Commission"

[Definition deleted by section 2(2.3) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"Current affairs programme"

means programming that is not a news bulletin, which focuses on and includes comment on and interpretation and analysis of current socio-political issues;

[Definition substituted by section 2(2.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Election broadcast period"

means the period within which political election broadcasts may be transmitted; such period commencing 120 hours after the allotment of time-slots by the Authority and ending 48 hours before polling commences;

[Definition substituted by section 2(2.4) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

“Election period”

means the period commencing with the date on which the election day is proclaimed and ending on the day immediately following upon the day on which candidates of any of the political parties or independent candidates are declared elected;

[Definition inserted by section 2(2.5) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Electoral Act"

means the Electoral Act, 1998 (Act No. 73 of 1998);

 

"Electoral Code"

means the Electoral Code of Conduct as set out in Schedule 2 of the Electoral Act;

 

"Electoral Commission Act"

[Definition deleted by section 2(2.6) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"ICASA Act"

[Definition deleted by section 2(2.7) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Independent candidate"

means a South African citizen contesting an election and who is not nominated on a list of a party;

[Definition substituted by section 2(2.8) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

“Municipal Election”

means an election of a municipal council;

[Definition inserted by section 2(2.9) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Municipal Electoral Act"

means the Municipal Electoral Act, 2000 (Act No. 27 of 2000);"

[Definition inserted by section 2(2.3) of the Municipal Elections Broadcasts and Political Advertisements Amendment Regulations 2016, Notice No. 3, GG39738, dated 26 February 2016]

 

"news"

means programming broadcast by a BSL, in which it reports on news events of immediate social, political or economic relevance and on matters of international, national and local significance, but which is not a current affairs programme;

[Definition substituted by section 2(2.10) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"PA"

means political advertisement;

 

"party"

[Definition deleted by section 2(2.11) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"PEB"

means an election broadcast as defined in section 1 of the Act;

[Definition substituted by section 2(2.12) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

“Political advertisement”

means an advertisement broadcast on a broadcasting service which is intended or calculated to advance the interests of any particular political party or independent candidate, for which advertisement the relevant broadcasting service licensee has received or is to receive, directly or indirectly, any money or other consideration;

[Definition inserted by section 2(2.13) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"Political Party"

means a registered party as defined in section 1 of the Electoral Act 73 of 1998;

[Definition inserted by section 2(2.14) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]

 

"SABC"

[Definition deleted by section 2(2.15) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]