Regulatory ambiguity and policy uncertainty in South Africa’s telecommunications sector

The competitive effects of telecommunications transactions and the related impact that they have on economic growth and employment are influenced by the regulatory environment that governs the sector. In South Africa, the Independent Communications Authority of South Africa (ICASA) is responsible for implementing and enforcing ex ante regulation, while the Competition Commission’s role is to identify and remedy anti-competitive behaviour. In this paper it is shown that a lack of clarity about the joint jurisdiction of ICASA and the Competition Commission has created an uncertain regulatory environment with high costs to the South African economy.