d a (7) The Independent Communications Authority of South Africa ( "the Authority ") hereby publishes the Conformity Assessment Framework for Equipment Authorisation pursuant to paragraph 8.4 of ICASA's Regulatory Position on Equipment Type Approval Exemption published in General Notice No. 248 of 2017 (Government Gazette No. 40733). A copy of the Framework is available on the Authority's website (www.icasa.org.za) and in the ICASA Library at 350 Witch -Hazel Avenue, Eco Point Office Park, Eco Park, Centurion, Highveld Park 0169, Block C during the Authority's office hours. 
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Government  notices  • G oewermentskennisGewinGs
Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA
NO. 200   25 FEBRUARY 2020
200 Independent Communications Authority of South Africa: Publication of the Conformity Assessment Framework for Equipment Authorisation  43047
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 CONFORMITY ASSESSMENT FRAMEWORK 
FOR
EQUIPMENT AUTHORISATION 
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ii | Page  Definitions 
“Accreditation”  means third-party attestation related to a conformity 
assessment body conveying formal demonstration of its competence to carry out 
specific conformity assessment tasks; 
“Accreditation Body”  is an organization that provides accreditation services, 
which is a formal, third party recognition of competence to perform specific tasks; 
“Certification” means a process involving initial testing of equipment and 
continuous equipment surveillance. An initial assessment of the manufacturer’s 
premises and manufacturing practices is also undertake n. The quality 
management system of the ma nufacturer may also be a ssessed during the process 
of certification; 
“Certification Body” or “CB”  means an organization accredited by a recognized 
accrediting body for its competence to audit and issue certification confirming that 
an organization meets the re quirements of a standard; 
“Conformity Assessment” means a demonstration that specified requirements 
relating to a product, process, system, person or body are fulfilled; 
“Conformity Assessment Bodies”  means independent accredited agencies that 
undertake conformity assessment techniqu es and activities which are testing, 
inspection and certification; 
“Economic operators”  means the supplier, manufacturer, the authorised 
representative, the Import er and the distributor; 
“Federal Communications Commission”  means an independent agency of the 
United States government that regulates interstate communications by radio, 
television, wire, satellite, and cable; 
“ICASA”  means the Independent Communications Authority of South Africa 
established in terms of the Independent Co mmunications Authority of South Africa 
Act, 2000 (Act No.13 of 2000); 
“Importer”  means any natural or legal person established within the country who 
places equipment on the market that  is produced outside South Africa; 
“Information and Communications Technology or ICT”  means all (i) 
technologies for the communication of information, encom passes; any medium to 
record information (whether paper, pen,  magnetic disk/ tape, optical disks - 
CD/DVD, flash memory etc.); (ii) technology for broadcasting information - radio, 
television; any technology for communicat ing through voice and sound or images- 
microphone, camera, loudspeaker, telephone to cellular phones; 
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iii | Page  “International Electrotechnical Commission or IEC” means an international 
organisation that publishes consensu s-based international standards and 
manages conformity assessment for all fields of ele ctrotechnology; 
“Market Surveillance”  means activities carried out and measures taken by 
public authorities to ensure that products comply with the applicable requirements 
and do not endanger health, safety or any other aspect of public interest 
protection;
“NMISA”  means the National Metrology Institu te of South Africa established in 
terms of the Measurement Units and Measurement Stand ards Act, 2006 (Act 
No.18 of 2006); 
“NRCS”  means the National Regulatory Compulsory Specifications established in 
terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 
5 of 2008); 
“Quality Infrastructure”  means the system comprising the organizations 
together with the policies, relevant lega l and regulatory framework, and practices 
needed to support and enhance the quality, safety and environmental soundness 
of goods, services and processes; 
“SABS”  means the South African Bureau of Standards established in terms of 
section 2 of the Standards Act, 1945 (Act No. 24 of 1945) read with section 3 of 
the Standards Act, 2008 (Act No. 5 of 2008), as amended;
“SANAS”  means the South African National Accreditation System established in 
terms of section 3(1) of the Accreditat ion for Conformity Assessment Calibration 
and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006); 
“Supplier” means manufacturer, Importer, or distributor of equipment or any 
person registered with the Authority for the purposes of Type Approval; 
“Surveillance”  means a systematic iteration of conformity assessment activities 
as a basis for maintaining the ongoing va lidity of the statement of conformity; 
“Type Approval ” means certifying that a product meets certain requirement for 
its type, for example cell phones operat ing in a certain frequency band. Type 
Approval is granted to a product that me ets a minimum set of regulatory, technical 
and safety requirements by a competent body. 
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iv | Page  Table of Contents 
Definitions ........................................ ................................................... ................................................... . ii 
1 Legislative Mandate ............................. ..................................................... ...................................... 1 
1.1 The Type Approval Framework ................... ................................................... ........................ .  1 
2 Introduction ..................................... ................................................... ............................................ 2 
2.1 Background .................................... ................................................... ...................................... 2 
2.2 Purpose ................................................................................................................................... 3 
2.3 Scope ......................................... ................................................... ........................................... 3 
3 Conformity Assessment Framework ................. ................................................... ........................ ... 4 
3.1 Regulations.................................... ................................................... ....................................... 5 
3.2 Conformity Asses sment Approaches .......................... ................................................... ......... 5 
3.3 Regulated Standards ....................................... .................................................... .................... 7 
3.4 Market Surveillance and Enforcement ....................... .................................................... ........ 8 
3.5 Designation of Ce rtification Bodies ....................... ................................................... ............ .. 8 
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 1Legislative Mandate 
In terms of section 35 (1) of the Electronic Communications Act, 2005 (Act No. 36 
of 2005), as amended (“ECA”) no person may possess, use, supply, sell, offer for 
sale or lease or hire any type of electron ic communications equipment or electronic 
communications facility, including radio apparatus, used or to be used in 
connection with the provision of ele ctronic communications, unless such 
equipment, electronic communication fac ility or radio apparatus has subject to 
subsection (2), been approved by the Authority. 
Section 35 (2) of the ECA, read with regulation 3 (1) of the Type Approval 
Regulations1 provides that the Authority may prescribe the type s of equipment, 
electronic communications facilities and radio apparatus, the use of which does 
not require approval where such equipment,  electronic communications facilities 
and radio apparatus has been appr oved for use by the European 
Telecommunications Standards Associations  or other competent standards body 
where the equipment complies with type  approval standards and circumstances 
under which the use of equipment, electron ic communications facilities and radio 
apparatus does not require approval. 
1.1The Type Approval Framework 
The Type Approval Framework (“Approval Framework”) consist of the following: 
xType Approval Regulations, 20132;
xLabelling Regulations3;
xGuidelines relating Type Approval Framework, as amended4;
xOfficial List of Regulated Standards for Technical Equipment and 
Electronic Communications Facilities5;
xRadio Frequency Spectrum Regulations, 2015;6 and 
xRegulatory Position on Equipm ent Type Approval Exemption.7
                                       
1 Type Approval Regulations, General Notice No. 871 of 201 3 (Government Gazette No. 
36785). 
2 Ibid. 
3 Labelling Regulations, General Notice 87 2 of 26 August 2013 (Government Gazette 
36786).
4 General Notice No. 883, Govern ment Gazette No. 36792 of 2013. 
5 General Notice No. 896, Govern ment Gazette No. 39182 of 2015. 
6 General Notice No. 279, Govern ment Gazette No. 38641 of 2015 
7 General Notice No. 248, Govern ment Gazette No. 40733 of 2017. 
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2 | Page  2Introduction
2.1 Background 
Review of the Type Approval Framework 
On 28 September 2016, the Authority published a Discussion Document on 
Equipment Type Approval Exemption, General Notice 621 of 2016 (Government 
Gazette No. 40309) (“the Discussion Document”), in terms of section 4B of the 
ICASA Act, with the following objectives: 
1.reduce the regulatory burden for equipment manufacturers and 
Importers; 
2.encourage investment and innovation in the information, 
communication and technology (ICT) sector; 
3.promote competition in the ICT sector; and 
4.encourage research and development within the ICT Sect or. 
The purpose of the Discussion Document was to solicit inputs from interested 
parties on the following: 
xthe types of equipment, electronic communications facilities and radio 
apparatus, the use of which does not require approv al where such 
equipment, electronic communications  facilities and radio apparatus has 
been approved for use by the Euro pean Telecommunications Standards 
Associations or other competent st andards body where the equipment 
complies with type approval standards  prescribed by the Authority; and 
xcircumstances under which the us e of equipment, electronic 
communications facilities, radio apparatus and subscriber equipment 
does not require approval, including uses for research and development, 
demonstrations of prototypes and testing. 
Following the Discussion Document, th e Authority published the Regulatory 
Position on Equipment Type Approval Exem ptions (“the Position”), General Notice 
No. 248 of 31 March 2017 (Government Gazette No. 40733), stating the 
Authority’s position on Equipment Type  Approval Exemptions. The Position 
necessitated a review of the type  approval framework as follows: 
xthat the Authority define circumstances and conditions under which 
exemption could be granted and/or the type of equipment that will be 
exempted; 
xthat the Authority consider enteri ng and/or amending Memoranda of 
Understanding (MoU) with relevant regulatory bodies to alleviate the 
regulatory burden to affected stakeholders; and 
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3 | Page  xthat in the Authority embarking on a process of reviewing the current 
Type Approval Framework, it develops a multi-level Conformity 
Assessment Framework to deal with  equipment intended for the South 
African market. This broader framework will incorporate the  
circumstances under which Mutual Recognition Agreements (MRA) may 
be entered and provide for robu st market surveillance activities. 
On 13 December 2018, the Authority published the Draft Conformity 
Assessment Framework for Equipment Authorization in General Notice 1381 
of 2018 (Government Gazette No. 42108) for public comments. The Authority 
received written submissions and subsequently held public hearings on 25 
March 2019. 
Challenges with the Type Approval Framework 
The current Type Approval process is not robust as it does not categorise 
equipment neither does it have in place risk profiles for different products to 
develop and implement different mechanisms of conformi ty assessment. The 
validation of the evidence and proof that  equipment or systems conform to the 
appropriate standards and specifications depends on the test facility confirming 
the authenticity of test reports. 
South Africa’s mechanism to oblige certific ation bodies to authenticate test reports 
along with the results is reactive and ineffective. There is a lack of post-market 
surveillance in place to continuously ensure that the equipment and systems 
placed in the market maintain conformance with the applicable technical 
standards. Manufacturers, distributors and suppliers are dissatisfied with the 
turnaround time to place ICT equipment in the market, they are of the view that 
the turnaround time is lengthy. This is because the Authority had adopted a single 
approach of Conformity Assessment for all categories of equipment. 
2.2 Purpose 
The purpose of this Conformity Assessment Framework is to prescribe conformity 
assessment approaches for equipment author isation to improve the efficiency of 
product placement in the market. 
2.3 Scope 
The Conformity Assessment Framework applies to any type of ele ctronic 
communications equipment or electronic communications facility, including radio 
apparatus, used or to be used in connection with the provision of electronic 
communications. 
Conformity Assessment
Quality Infrastructure
1 C 5RBSA npn Qh
1Acc.ewolion Srvem.nmisa?Mond K....,..1.+ ls.. a
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4 | Page  3Conformity Assessment Framework 
This framework consists of the following, inter alia —
xRegulations; 
xConformity Assessment approaches that are consistent with the equipment 
classification; 
xregulated standards; 
xmarket surveillance an d enforcement; and 
xMoUs and MRAs for a strong coordination across relevant agencies. 
In order for Conformity Assessment to be effective, it needs to be supported by a 
Quality Infrastructure (QI) comprising of  the following pillars: regulations, 
standards, metrological traceability, and accreditation. The South African QI is 
composed of the following institutions: ICASA, NRCS, SABS, NMISA and SANAS. 
Figure 1: Conformity Assessment Quality Infrastructure
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5 | Page  The approval framework used by the Author ity, in accordance with section 35 of 
the ECA, is one of the approaches to equipment authorisat ion which incorporates 
several regulatory interventions aimed at mitigating entry of non-compliant ICT 
equipment in the market. Along with this, the Authority collaborates with key 
stakeholders in an effort to promote the ef ficiency of placing the equipment in the 
market. 
Rapid technological advancement in the communications sector and convergence 
of technologies continues to blur the lines between historically telecommunications 
and non-telecommunications equipment. As a result, the industry becomes 
uncertain about which institution have ju risdiction to assess product compliance. 
In an effort to mitigate uncertainty in the market, the Authority collaborates with 
NRCS to simplify challenges presented by concurrent jurisdiction. The NRCS is an 
institution under the regulations pillar of the QI responsible for the administration, 
maintenance of compulsory specifications, the implementation of a regulatory and 
compliance systems for compulsory specifications. 
In terms of section 36 of th e ECA, the Authority is mandated to prescribe techni cal 
standards for equipment and electronic communication facilities. In the QI, the 
SABS contributes to the standards pillar wherein it develops and adopts voluntary 
standards that may be pres cribed by the Authority. 
Compliance of the equipment is measured against the prescribed technical 
standards. The Conformity Assessment of equipment to ensure compliance with 
the prescribed technical standards is executed by accredited Conformity 
Assessment bodies. The role of SANAS in the QI under the accreditation pillar is 
to accredit Conformity Assessment bodies . In ensuring reliable and traceable 
measurements, Conformity Assessment Bodies  should conform with fit for purpose 
measurement standards  and measurements. 
NMISA is responsible for metrological tr aceability, methods validation and aligning 
South African standards with other co untries’ standards to ensure global 
measurement equivalence. 
3.1 Regulations 
The Authority will develop and/or amend existing regulations in support of the 
Conformity Assessment Framework shown in figure 2 below for it to be 
implemented. 
3.2 Conformity Assessment Approaches 
The Authority has developed a multilatera l Conformity Assessment Framework for 
equipment authorization based on equipment inherent risk profile. The risk 
associated with the equipment is used to determine the appropriate conformity 
Manufacturer /
Representative /
Supplier / Distribute
Importer
Accredited
Laboratories
Designated
Certification Bodies
(CBs)vides B
Description of
the Equipme.Samples to
Recommended
Accredited Test
Laboratories
Conducts tests assessments
according to the requirements
8 Issues Test Reports
Analyse the technical
specifications of the equipment
and recommend an accredited
test laboratoryRepo
Evaluate the test reports
and issue Certificate of
Conformity (CoC)
ICASAICT Equipment Classification
Risk Class 1 - Low Risk Class 2 - Medium Risk Class 3 - Highimr=MEMII
RegistryCertificate of
ComplianceReview CoC
and Supporting
Documentation
Manufacturer / Local
Representative /
Supplier / Distributor /
ImporterMark of
ConformityAuthorized to place
Equipment on the
Market
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6 | Page  assessment procedures to be used. Taking  note of the Quality Infrastructure 
described in figure 1 above, the Authority will continue to collaborate with key 
stakeholders to ensure the effectiveness of  its Conformity Assessment Framework. 
Figure 2 below outlines the Conformity Assessment Fram ework in terms of 
Equipment Risk Profiling and corresponding conformity assessment approaches.
Figure 2: Conformity Assessment Framework for Equipment Authorization 
In case where a manufacturer is not based in South Africa, that foreign 
manufacturer shall appoint a local represen tative who can be held accountable for 
the performance of the manufacturer’s equipment in the mark et. 
The Authority uses risk profiling in determining the approp riate conformity 
assessment approach to different classes of equipment. Based on the determined 
risk profile of equipment, the Authorit y classifies the risk associated with 
equipment as follows: 
Classification 1 – Low Risk ICT Equipment; 
Classification 2 – Medium Risk ICT Equipment; and 
Classification 3 – High Risk ICT Equipment. 
Classification 1 equipment are exempted  and need not undergo the process of 
conformity assessment, however such equi pment still needs to conform with the 
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7 | Page  mandatory technical standards and must be registered with the Authority as 
shown in figure 2 above. 
Classification 2 and 3 equipment will be subject to a detailed conformity 
assessment process which comprises asse ssment by designated certification 
bodies, accredited laboratories and the Authority. Cla ssification 2 and 3 equipment 
will be re-evaluated for conformity at  frequencies to be determined by the 
Authority and for every re-evaluation a Certification of Conformity (CoC) must be 
submitted by the Certification Body to the Authority. 
The Authority will publish and update this classification of equipment to the public 
as and when required. The Authority reserv es the right to re-classify equipment. 
The Authority will prescribe different marks of conf ormity for different conformity 
assessment approaches. 
The Authority will include in regulations pr ovisions of liability for non-compliance. 
The intention of this provision is to address the liability of equipment tha t are non-
compliant with the regulations and proces ses as prescribed by the Authority. 
The Economic Operators shall, in respect to their respective roles in the supply 
and distribution chain, be held responsible for all the conformance of their products 
with all the applicable standards upon  placing their products in the market. 
Economic Operators shall be responsible for ensuring that all information they 
provide is accurate, complete and in compliance of with Community rules 
applicable. 
If the re-evaluation process confirms that  the equipment failed to conform to the 
relevant technical standar ds, the manufacturer/local 
representative/supplier/distributor of that  equipment will be held liable for any 
findings made against the equipment in terms of the l aws of SA. 
Conformity of equipment to technical sta ndards, whether voluntary or mandatory 
(regulatory), does not necessarily exoner ate manufacturers from accountability in 
cases of liability lawsuits as a result of  damages caused by defective equipment. 
3.3Regulated Standards 
The Authority, subject to the provisions of section 36 of the ECA has prescribed 
standards8 to which equipment must conform. The equipment which is in 
conformity with standards or parts ther eof the references of which have been 
                                       
8 The Regulations on the Official List of Regulated Standards for Technical Equipment and Electronic 
Communications Equipment Regulations, 2015: published in Notice No. 896 under Government 
Gazette No. 39182. 
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8 | Page  published in the Official List of Regulated Standards for Technical Equipment and 
Electronic Communications Equipment Regulations (“the Official List”) shall be 
presumed to be in conformity with th e type approval requirements for the 
performance and operation of any equipment or electronic communication facility, 
including radio apparatus. Su ch standards are aimed at—: 
(a) protecting the integrity of the el ectronic communications network; 
(b) ensuring the proper functioning of connected equipment or ele ctronic 
communications facilities; 
(c) ensuring interoperability, interconnect ability and harmonisation; and 
(d) avoiding harmful interference with the electronic communications 
network.
3.4Market Surveillance and Enforcement 
The regulatory framework shall be supporte d by the Market Surveillance to ensure 
that the authorized equipment mainta in conformity with the regulated 
standards/requirements while are on the market. 
The Authority, Conformity Assessment Bo dies, manufacturers, Accreditation Body 
must put in place Market Surveillance pr ocedures to audit, monitor and assess the 
products and services. Appropriate action s must be taken by these entities to 
address and correct the problems result ing from the actions of the Market 
Surveillance procedures. 
The Authority shall carry out Enforcement a ctivities for electronic communications 
equipment or electronic communications facility, including radio apparatus, in 
relation to protection and management of the radio frequency spectrum. 
The Authority shall enter into MoUs with  the accredited test laboratories and 
collaborate with designated Certific ation Bodies to conduct Post-Market 
Surveillance activities. The Authority shall specify Post-Market Surveillance 
requirements to be carried out in collab oration with testing laboratories and the 
Certification Bodies through regulations. 
Market Surveillance and Enforcement rema ins a collective responsibility of all 
stakeholders within the conformity assessment value c hain and the public. 
3.5Designation of Certification Bodies 
The Authority shall designate Certification Bodies for the certification of 
equipment, where the Certification Bodies  would issue the CoC for the equipment 
that comply with the requirements. Certif ication Bodies shall not provide any other 
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9 | Page  services and products which might compromise the objectivity, confidentiality, 
impartiality of its certification decisions or processes. 
The manufacturer or its authorized representative must use a conformity 
assessment procedure appropriate with the equipment classification which 
involves a designated Certification Body. 
Any type of electronic communications equipment or electronic communications 
facility, including radio apparatus used or to be used in connection with the 
provision of the electronic communications must be authorized by the Authority 
before any person can possess,  sell, use, supply, offer for sale or lease or hire in 
the market. 
4 Short Title and Commencement 
This Framework will come into effect at a date to be deter mined by the Authority 
by notice in the Government Gazette.