Government Gazette Staatskoerant

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1 Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID AFRIKA Regulation Gazette No Regulasiekoerant Vol March Maart 2016 No N.B. The Government Printing Works will not be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposes ISSN AIDS HELPLINE: Prevention is the cure 39872

2 2 No GOVERNMENT GAZETTE, 30 MARCH 2016 Government Printing Works Notice submission deadlines No* ice submission a dl ineis Nate, WNW) de dadrcs Government Printing Works has over the last few months implemented rules for completing and submitting the electronic Adobe Forms when you, the customer, submit your notice request. In line with these business rules, GPW has revised the notice submission deadlines for all gazettes. Please refer to the GPW website to familiarise yourself with the new deadlines. cancellations Cancellation of notice submissions are accepted by GPW according to the deadlines stated in the table above. Non-compliance to these deadlines will result in your request being failed. Please pay special attention to the different deadlines for each gazette. Please note that any notices cancelled after the cancellation deadline will be published and charged at full cost. Requests for cancellation must be sent by the original sender of the notice and must accompanied by the relevant notice reference number (N-) in the body. Amendments to notices With effect from 01 October, GPW will not longer accept amendments to notices. The cancellation process will need to be followed and a new notice submitted thereafter for the next available publication date. Customer inquiries Many of our customers request immediate feedback/confirmation of notice placement in the gazette from our Contact Centre once they have submitted their notice While GPW deems it one of their highest priorities and responsibilities to provide customers with this requested feedback and the best service at all times, we are only able to do so once we have started processing your notice submission. GPW has a 2-working day turnaround time for processing notices received according to the business rules and deadline submissions. Please keep this in mind when making inquiries about your notice submission at the Contact Centre. Proof of payments GPW reminds you that all notice submissions MUST be submitted with an accompanying proof of payment (PoP) or purchase order (PO). If any PoP s or PO s are received without a notice submission, it will be failed and your notice will not be processed. When submitting your notice request to submit.egazette@gpw.gov.za, please ensure that a purchase order (GPW Account customer) or proof of payment (non-gpw Account customer) is included with your notice submission. All documentation relating to the notice submission must be in a single . A reminder that documents must be attached separately in your to GPW. (In other words, your should have an Adobe Form plus proof of payment/purchase order 2 separate attachments where notice content is applicable, it should also be a 3rd separate attachment). Reminder of the GPW BUSINESS RULES Single notice, single with proof of payment or purchase order. All documents must be attached separately in your to GPW. 1 notice = 1 form, i.e. each notice must be on a separate form Please submit your notice ONLY ONCE. Requests for information, quotations and inquiries must be sent to the Contact Centre ONLY. The notice information that you send us on the form is what we publish. Please do not put any instructions in the body.

3 STAATSKOERANT, 30 MAART 2016 No Contents No. Gazette No. Page No. General Notices Algemene Kennisgewings Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika 155 Electronic Communications Act (36/2005): Standard Terms and Conditions Regulations for Class Licences (Notice No. 525 of 2010)

4 Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika 155 Electronic Communications Act (36/2005): Standard Terms and Conditions Regulations for Class Licences (Notice No. 525 of 2010) No GOVERNMENT GAZETTE, 30 MARCH 2016 General Notices Algemene Kennisgewings INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE 155 OF 2016 REGULATIONS ON STANDARD TERMS AND CONDITIONS IN TERMS OF THE ELECTRONIC COMMUNICATIONS ACT, 2005 (NO. 36 OF 2005) The Independent Communications Authority of South Africa hereby amends the Standard Terms and Conditions Regulations for Class Licences, 2010 (Notice No. 525) of 2010 to the extent reflected in the schedule. NOMVUYISO BATYI COUNCILLOR: ICASA

5 STAATSKOERANT, 30 MAART 2016 No ELECTRONIC COMMUNICATIONS ACT, 2005 (ACT NO. 36 OF 2005) REGULATIONS The Independent Communications Authority of South Africa has, under section 8 read with section 4 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), as amended, and section 17E(2)(b) of the ICASA Act, 2000 (Act No. 13 of 2000) made the regulations in the schedule. 1. Definitions SCHEDULE 1 In these regulations the Regulations means the regulations published by Government Notice No. 525 of Amendment of regulation 2 of the Regulations 2.1 Regulation 2 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation: (1) A Licensee must submit written notice to the Authority within seven (7) days of the occurrence of the following changes: (a) the name of the Licensee; (b) contact details including the contact person; (c) shareholding; (d) Physical address; and (e) Financial year end.

6 6 No GOVERNMENT GAZETTE, 30 MARCH Regulation 2 of the Regulations is hereby amended by the repeal of subregulation (2). 3. Amendment of regulation 3 of the Regulations Regulation 3 of the Regulations is hereby amended by the addition of the following subregulation: (4) A licensee must provide services within its licence area. 4. Substitution of regulation 5 of the Regulations The following regulation is hereby substituted for regulation 5 of the Regulations: 5. COMMENCEMENT OF OPERATIONS A Licensee must commence operation of the BS specified in the Licence within twelve (12) months from the date of issue, unless the Authority grants, on good cause shown, an extended commencement period on written application, prior to the expiry of the twelve (12) months period. 5. Substitution of regulation 9 of the Regulations The following regulation is hereby substituted for regulation 9 of the Regulations: 9. PROVISION OF INFORMATION (1) The Authority may, in the course of carrying out its obligations under the Act, require a Licensee to provide any information including documents or books not ordinarily required, so as to enable it to: (a) monitor and enforce consumer protection, quality of service, competition, compliance with licence conditions and other requirements of the Act and related legislation;

7 STAATSKOERANT, 30 MAART 2016 No (b) allow for the assessment and allocation of applicable fees and related requirements; (b) (c) allow facilitate for the efficient assessment use of and radio allocation frequency of spectrum; applicable and fees and related requirements; (d) collect and compile information to be used for research purposes, planning, (c) facilitate reporting the and efficient conducting use of inquiries. radio frequency spectrum; and (2) In respect of each information request referred to in subregulation (1), except (d) collect and compile information to be used for research purposes, planning, where otherwise addressed in applicable regulations, the Authority will provide, reporting and conducting inquiries. among other things, detailed specifications of its information request, applicable response times and a contact person to whom queries may be addressed. (2) In respect of each information request referred to in subregulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, (3) In respect of each information request referred to in subregulation (1), except among other things, detailed specifications of its information request, applicable where otherwise addressed in applicable regulations, the Authority will provide, response times and a contact person to whom queries may be addressed. among other things, detailed specifications of its information request, applicable response times and a contact person to whom queries may be addressed. (3) In respect of each information request referred to in subregulation (1), except (4) where A licensee otherwise must addressed submit all the in required applicable information regulations, as required the Authority by the will Authority provide, among in terms other of subsection things, detailed (1). specifications of its information request, applicable response times and a contact person to whom queries may be addressed. (5) In the event where the Licensee or its representative refuse or fail to provide the (4) A Authority licensee with must requested submit all information the required in terms information of subregulation as required (1), by the the Authority in may, terms after of subsection reasonable (1). attempts, refer the matter to the Complaints and Compliance Committee. (5) In the event where the Licensee or its representative refuse or fail to provide the 6. Substitution of regulation 10 of the Regulations: Authority with requested information in terms of subregulation (1), the Authority The following may, after regulation reasonable is hereby attempts, substituted refer for regulation the matter 10 of to the the Regulations: Complaints and Compliance Committee. 10. PUBLIC SERVICE ANNOUNCEMENTS 6. Substitution of regulation 10 of the Regulations: The Licensee must broadcast: The following regulation is hereby substituted for regulation 10 of the Regulations:

8 8 No GOVERNMENT GAZETTE, 30 MARCH 2016 (a) Any public service announcements in the public interest or interest of public welfare as may be requested by a Public Service Organisation/Institution in writing to the Licensee concerned; (a) Any public service announcements in the public interest or interest of public (b) when requested by the National or a Provincial Commissioner of Police, without welfare as may be requested by a Public Service Organisation/Institution in charge, any information or other matter concerning a disaster or immediate grave writing to the Licensee concerned; danger to public safety and security which the Commissioner may and on reasonable grounds request to be broadcast. Such request should be confirmed (b) when requested by the National or a Provincial Commissioner of Police, without in writing by the Commissioner concerned within twenty-four (24) hours; and charge, any information or other matter concerning a disaster or immediate grave (c) danger any public to public service safety announcements and security in the which public the interest Commissioner as may be requested may and by on reasonable the Authority grounds in writing. request to be broadcast. Such request should be confirmed in writing by the Commissioner concerned within twenty-four (24) hours; and 7. Insertion of regulation 10A in the Regulations (c) any public service announcements in the public interest as may be requested by the Authority in writing. The following regulation is hereby inserted in the Regulation, after regulation 10: 7. Insertion of regulation 10A in the Regulations 10A. GENERAL OBLIGATIONS OF LICENSEES (1) A Licensee must: The following regulation is hereby inserted in the Regulation, after regulation 10: (a) inform the Authority, in writing, within fourteen (14) days of any judgment or 10A. GENERAL judgments OBLIGATIONS given in a court OF of LICENSEES law against it; and (1) A Licensee must: (b)any conviction in respect of an offence involving dishonesty of any of its directors or senior managers. (a) inform the Authority, in writing, within fourteen (14) days of any judgment or judgments given in a court of law against it; and (2) A Licensee must keep the following records, in accordance with the template determined by the Authority and provided to the Licensee, relating to its (b)any broadcasting conviction activities in respect and of provide an offence same involving to the Authority dishonesty a of quarterly any of its basis: directors or senior managers. (a) a log of all advertisements broadcast;

9 STAATSKOERANT, 30 MAART 2016 No (b) a log of the percentage of air-time per hour allocated to advertisements; (c) a log of all sponsorships received for programmes, news, game shows, welfare activities or similar programming together with details of payment, (b) a log of the percentage of air-time per hour allocated to advertisements; financial or otherwise, received for such sponsorship; and (c) (d) a a log log of of programmes all sponsorships broadcast. received for programmes, news, game shows, welfare activities or similar programming together with details of payment, (3) A station financial must or clearly otherwise, identify received itself at for intervals such of sponsorship; not more than and thirty (30) minutes. (4) (d) A Licensee a log of programmes must use profit broadcast. and other income for the promotion of its broadcasting activities and in the service of its community. (3) A station must clearly identify itself at intervals of not more than thirty (30) minutes. (5) A licensee must not pay a dividend to any of its board members, directors, trustees, management and staff. This, however, does not stop or prohibit a (4) A Licensee must use profit and other income for the promotion of its broadcasting payment in good faith of reasonable remuneration for a service rendered to the activities and in the service of its community. Licensee. (5) A licensee must not pay a dividend to any of its board members, directors, (6) A Licensee must furnish to the Authority, for every completed one (1) year of its trustees, management and staff. This, however, does not stop or prohibit a license or upon a written demand by the Authority, the name, address and payment in good faith of reasonable remuneration for a service rendered to the contacts details of the donors together with the details of the amount donated by Licensee. such donors. (6)(7) A Ownership Licensee must and Control furnish of to Community the Authority, Television for every and completed Community one Radio: (1) year of its license or upon a written demand by the Authority, the name, address and contacts (a) a details Licensee of the must donors be owned together by with community the details members of the with amount the Board donated of by such donors. Directors as custodian of the licence. (7) Ownership (b) a Licensee and Control must of encourage Community the Television community and within Community its coverage Radio: area to participate in ownership, management of television station or radio station. (a) a Licensee must be owned by community members with the Board of (c) a Licensee must be managed by person(s) tasked by the Board of Directors as custodian of the licence. Directors to ensure the licensee s daily operation. However, this exclude a

10 10 No GOVERNMENT GAZETTE, 30 MARCH 2016 private company since a community television or class sound community radio is non-profit. (d) The Board of Directors/ Trustees and station management must not occupy dual roles with regard to being managers/presenters at the radio station. (8) The programming of community television or community radio must meet the needs of community members within its broadcasting coverage area by encouraging the following: (a) The participation of community within its coverage area in the production of content; and (b)the majority of content produced must be from the coverage area. This is to ensure that involvement of content producer(s) outside the coverage area is limited as to enable the reflection and participation of local producers. (9) If a licensee decides to employ the services of a content producer(s) outside the coverage area, it must be relevant to the community and must include community members inputs through community structures such as membership or listeners associations or viewers associations. (10) The broadcast of pre-recorded material must be limited to ensure coverage of immediate programmes like current affairs, infotainment, and news with the exception of content like dramas or movies. (11) The programme syndication/networks or programme sharing must not exceed 20% of the licensee s original programming. (12) If a licensee intends into entering into a management agreement with another entity. Attach details and nature of the agreement, including timelines. Should a management agreement s time line lapse, if and when renewed, such must first be lodged with the Authority.

11 STAATSKOERANT, 30 MAART 2016 No (13) Submission of information for the annual compliance report must be in line with the relevant Compliance Procedure Manual Regulations or Guidelines and Licence Terms and Conditions. (13) (14) Submission The following of persons information (office for bearers) the annual are compliance prohibited from report playing must any be in role line in with the the Board, relevant Management Compliance and staff Procedure of a community Manual sound Regulations broadcasting or Guidelines service: and Licence Terms and Conditions. (a) Members of the Local Executive Committees of political parties, the youth (14) The following affiliates persons and women (office affiliates bearers) of political are prohibited parties, from and playing any organization any role in that the Board, is Management in alliance and with staff a political of a community party; sound broadcasting service: (a) (b) Members of the Local Regional Executive Executive Committees of political of political parties, parties, the youth affiliates, and women s affiliates of of political parties, and and any any organization that that is is in in an an alliance with with a political a party; party; (b) (c) Members of the Regional Provincial Executive Committees of of political parties, youth the affiliates, youth wings, women s women s affiliates wings of of political parties and any organization that is in an alliance alliance with with a political a political party; party; (c) (d) Members Councillors; of the Provincial Executive Committees of political parties, the youth wings, women s wings of political parties and any organization that is (e) Mayors; in alliance with a political party; (f) Members of the Provincial Legislatures; and (d) Councillors; (e) (g)members Mayors; of Parliament. (f) Members of the Provincial Legislatures; and (g)members of Parliament.

12 12 No GOVERNMENT GAZETTE, 30 MARCH Substitution of regulation 12 of the Regulations: The following regulation is hereby substituted for regulation 11 of the Regulations: 8. Substitution of regulation 12 of the Regulations: 11. CONTRAVENTIONS AND PENALTIES The following regulation is hereby substituted for regulation 11 of the Regulations: (1) Any person that contravenes these regulations, except regulation 4, is liable to a fine not less than R2 500, 00 (Two thousand, five hundred Rand) but not 11. CONTRAVENTIONS AND PENALTIES exceeding R , 00 (One hundred thousand Rand). (1) (2) Any person that contravenes these regulation regulations, 4, is guilty except of an regulation offence and 4, is subject, liable to on a conviction, fine not less to 30 than (thirty) R2 days 500, imprisonment 00 (Two thousand, and/or is five liable hundred to a fine Rand) not less but than not R50 exceeding 000, 00 R100 (Fifty 000, thousand 00 (One Rand) hundred but not thousand exceeding Rand). R , 00 (One hundred thousand Rand). (2) Any person that contravenes regulation 4, is guilty of an offence and subject, on 9. Short Title conviction, and Commencement to 30 (thirty) days imprisonment and/or is liable to a fine not less than R50 000, 00 (Fifty thousand Rand) but not exceeding R , 00 (One hundred These regulations thousand Rand). are called the Amendment Standard Terms and Conditions for Class Broadcasting Services, 2015 and will come into operation by publication in the 9. Short Government Title and Gazette. Commencement These regulations are called the Amendment Standard Terms and Conditions for Class Broadcasting Services, 2015 and will come into operation by publication in the Government Gazette.

13 STAATSKOERANT, 30 MAART 2016 No SCHEDULE 2 1. Definitions In these regulations the Regulations means the regulations published by Government Notice No. 525 of Amendment of regulation 2 of the Regulations Regulation 2 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation: (1) A Licensee must submit written notice to the Authority within seven (7) days of the occurrence of the following changes: (a) the name of the Licensee; (b) contact details including the contact person; (c) shareholding; (d) Physical address; and (e) Financial year end. 3. Amendment of regulation 3 of the Regulations Regulation 3 of the Regulations is hereby amended by the addition of the following subregulation: (4) A licensee must provide services within its licence area.

14 14 No GOVERNMENT GAZETTE, 30 MARCH Substitution of regulation 5 of the Regulations The following regulation is hereby substituted for regulation 5 of the Regulations: 5. COMMENCEMENT OF OPERATIONS A Licensee must commence operation of the ECNS specified in the Licence within twentyfour (24) months from the date of issue, unless the Authority grants, on good cause shown, an extended commencement period on written application, prior to the expiry of the twentyfour (24) months period. 5. Substitution of regulation 9 of the Regulations The following regulation is hereby substituted for regulation 9 of the Regulations: 9. PROVISION OF INFORMATION (1) The Authority may, in the course of carrying out its obligations under the Act, require a Licensee to provide any information including documents or books not ordinarily required, so as to enable it to: (a) monitor and enforce consumer protection, quality of service, competition, compliance with licence conditions and other requirements of the Act and related legislation; (b) allow for the assessment and allocation of applicable fees and related requirements; (c) facilitate the efficient use of radio frequency spectrum; and (d) collect and compile information to be used for research purposes, planning, reporting and conducting inquiries.

15 STAATSKOERANT, 30 MAART 2016 No (2) In respect of each information request referred to in subregulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, among other things, detailed specifications of its information request, applicable response times (2) In and respect a contact of each person information to whom request queries referred may be addressed. to in subregulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, among other (3) A things, Licensee detailed must specifications submit all the of required its information request, as required applicable by response the Authority times in and terms a of contact subsection person (1). to whom queries may be addressed. (4) (3) In A the Licensee event where must submit a Licensee all the or its required representative information refuse as or required fail to provide by the the Authority in with terms requested of subsection information (1). in terms of subregulation (1), the Authority may, after reasonable attempts, refer the matter to the Complaints and Compliance Committee. (4) In the event where a Licensee or its representative refuse or fail to provide the Authority 6. Substitution with of requested regulation information 11 of the in Regulations: terms of subregulation (1), the Authority may, after reasonable attempts, refer the matter to the Complaints and Compliance Committee. The following regulation is hereby substituted for regulation 11 of the Regulations: 6. Substitution of regulation 11 of the Regulations: 11. CONTRAVENTIONS AND PENALTIES The following regulation is hereby substituted for regulation 11 of the Regulations: Any person that contravenes these Regulations is liable to a fine not less than R2 500, 00 (Two thousand, five hundred Rand) but not exceeding R , 00 (One hundred 11. CONTRAVENTIONS AND PENALTIES thousand Rand). Any person that contravenes these Regulations is liable to a fine not less than R2 500, 00 (Two thousand, five hundred Rand) but not exceeding R , 00 (One hundred 7. Short Title and Commencement thousand Rand). These regulations are called the Amendment Standard Terms and Conditions for Class Electronic Communications Network Service 2015, and will come into operation by publication 7. Short Title and Commencement in the Government Gazette. These regulations are called the Amendment Standard Terms and Conditions for Class Electronic Communications Network Service 2015, and will come into operation by publication in the Government Gazette.

16 16 No GOVERNMENT GAZETTE, 30 MARCH Definitions SCHEDULE 3 SCHEDULE 3 In these regulations the Regulations means the regulations published by Government Notice 1. Definitions No. 525 of In these regulations the Regulations means the regulations published by Government Notice 2. Amendment of regulation 2 of the Regulations No. 525 of Regulation 2 of the Regulations is hereby amended by the substitution for subregulation (1) 2. Amendment of regulation 2 of the Regulations of the following subregulation: Regulation (1) A Licensee 2 of the must Regulations submit written is hereby notice amended to the by Authority the substitution within seven for subregulation (7) days of the (1) of the occurrence following subregulation: of the following changes: (1) A (a) Licensee the name must of submit the Licensee; written notice to the Authority within seven (7) days of the occurrence (b) contact of the details following including changes: the contact person; (c) shareholding; (d) (a) Physical the name address; of the Licensee; and (e) (b) Financial contact details year end. including the contact person; (c) shareholding; 3. Substitution (d) Physical of regulation address; 3 of and the Regulations (e) Financial year end. The following regulation is hereby substituted for regulation 3 of the Regulations: 3. Substitution (1) The licence of regulation area is a 3 district of the or Regulations local Municipality as defined in the Local Government Municipal Structures Act, No 117 of The following regulation is hereby substituted for regulation 3 of the Regulations: (2) (1) A The Licensee licence must area provide is a district services or local within Municipality its licence as area. defined in the Local Government Municipal Structures Act, No 117 of 1998.

17 STAATSKOERANT, 30 MAART 2016 No Substitution of regulation 5 of the Regulations The following regulation is hereby substituted for regulation 5 of the Regulations: 4. Substitution 5. COMMENCEMENT of regulation OF 5 OPERATIONS of the Regulations A Licensee must commence operation of the ECS specified in the Licence within twelve The following regulation is hereby substituted for regulation 5 of the Regulations: (12) months from the date of issue, unless the Authority grants, on good cause shown, an extended commencement period on written application, prior to the expiry of the 5. COMMENCEMENT OF OPERATIONS twelve (12) months period. A Licensee must commence operation of the ECS specified in the Licence within twelve 5. Substitution (12) months of from regulation the date 9 of the issue, Regulations unless the Authority grants, on good cause shown, an extended commencement period on written application, prior to the expiry of the twelve (12) months period. The following regulation is hereby substituted for regulation 9 of the Regulations: 5. Substitution 9. PROVISION of regulation OF INFORMATION 9 of the Regulations (1) The Authority may, in the course of carrying out its obligations under the Act, require The following a Licensee regulation to provide is hereby any substituted information for including regulation documents 9 of the or Regulations: books not ordinarily required, so as to enable it to: (a) monitor and enforce consumer protection, quality of service, competition, 9. PROVISION OF INFORMATION compliance with licence conditions and other requirements of the Act and (1) The Authority related may, legislation; in the course of carrying out its obligations under the Act, require a Licensee to provide any information including documents or books not ordinarily (b) allow for the assessment and allocation of applicable fees and related required, so as to enable it to: requirements; (a) monitor and enforce consumer protection, quality of service, competition, (c) compliance facilitate the with efficient licence use of conditions radio frequency and other spectrum; requirements and of the Act and related legislation; (d) collect and compile information to be used for research purposes, planning, (b) allow for the assessment and allocation of applicable fees and related reporting and conducting inquiries. requirements; (2) In respect of each information request referred to in subregulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, among other (c) facilitate the efficient use of radio frequency spectrum; and

18 18 No GOVERNMENT GAZETTE, 30 MARCH 2016 things, detailed specifications of its information request, applicable response times and a contact person to whom queries may be addressed. (3) A licensee must provide the information in accordance with such format as may be prescribed by the Authority. (4) In the event where a Licensee or its representative refuse or fail to provide the Authority with requested information in terms of subregulation (1), the Authority may, after reasonable attempts, refer the matter to the Complaints and Compliance Committee. 6. Substitution of regulation 12 of the Regulations: The following regulation is hereby substituted for regulation 12 of the Regulations: 12. CONTRAVENTIONS AND PENALTIES Any person that contravenes these Regulations is liable to a fine not less than R2 500, 00 (Two thousand, five hundred Rand) but not exceeding R , 00 (One hundred thousand Rand). 7. Short Title and Commencement These regulations are called the Amendment Standard Terms and Conditions for Class Electronic Communications Service 2015, and will come into operation by publication in the Government Gazette.

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20 20 No GOVERNMENT GAZETTE, 30 MARCH 2016 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Contact Centre Tel: Publications: Tel: (012) , ,