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Type Approval Regulations to be replaced
On 31 March 2022, the Independent Communications Authority of South Africa ("ICASA") published the Equipment Authorisations Regulations, 2022 which will come into effect at a date that still to be determined by ICASA.
The Regulations will replace the existing Type Approval and Labelling Regulations.
All electronic communications equipment, electronic communications facilities and subscriber equipment (collectively "Equipment") that is used to provide electronic communications is subject to “Equipment Authorisation” by ICASA. Equipment that is excluded from the Regulations can be found in Appendix A of the Regulations.
An application for Equipment Authorisation can only be submitted by a supplier that is registered with the Companies and Intellectual Property Commission (CIPC).
The Regulations introduce new assessment procedures for Equipment Authorisation applications based on the classification of the Equipment:
- Classification 1 (Low Risk Equipment). Equipment that falls under this category does not need Equipment Authorisation, but the equipment must conform to applicable standards that are outlined in regulation 13. The list of equipment that is exempt from Equipment Authorisation is found in Appendix B of the Regulations.
- Classification 2 (Medium Risk Equipment). Equipment in this category must comply to a Statement of Conformity that has been issued by any impartial product certification body as well as comply with the applicable standards prescribed in regulation 13.
- Classification 3 (High Risk Equipment). Equipment in this category must undergo a certification process before applying for Equipment Authorisation. The Equipment Authorisation application must include:
- a technical documentation submission, which must be kept for at least five years, and
- a submission of a representative sample, or additional supporting documents, if required.
The applicable technical standards for Equipment referred to in regulation 13 can be found in the official list published by ICASA. Successful applications will result in the issuance of an Equipment Authorisation Certificate.
Provisional Authorisation permits may be awarded for a period of up to eight months for Equipment that will be used for testing, trial, research and development or demonstration purposes, or Equipment that is not for-sale. The term of the Provisional Authorisation permit may be extended, for good reasons, for a period that does not exceed six months.
An Equipment Authorisation Certificate may be revoked by ICASA, and ICASA will notify the relevant supplier in writing of the revocation of the certificate and the reasons thereof. Equipment that is subject to a revoked certificate must be withdrawn from the market, at the supplier’s own cost, within 90 working days from the date of notification by ICASA.
ICASA will charge Equipment Authorisation Fees, as published from time -to-time in the appropriate notice, which are payable in advance and are non-refundable.
Wilmari Strachan
Corporate Commercial | Executive
Naledi Ramoabi
Corporate Commercial | Candidate Legal Practitioner
