Africa regulatory ENSight
2019 | 11
Kenya
sector
legislation
Privacy / Data Protection Data Protection Act No. 24 of 2019
effective date/status
key points and impact
Effective from 25 November 2019
The Act: outlines the principles and obligations of personal data protection; protects the personal information of individuals; makes provision for the processing of sensitive personal data,
including the permitted grounds for processing such data; establishes the Office of the Data Protection Commissioner; provides for the rights of data subjects and obligations of data
controllers and processors; provides for the registration of data controllers and processors who
meet the thresholds to be prescribed by the Data Commissioner; applies extraterritorially as it applies to data controllers and
processors established or ordinarily resident in or outside Kenya in so
far as they process personal data while in Kenya or of data subjects
located in Kenya; provides for the conditions for, and safeguards prior to, the transfer of
personal data outside of Kenya; allows for the designation or appointment of a data protection officer
by a data controller and processor; states that a data protection officer may be a staff member of the
data controller or data processor, and that a group of entities may
appoint a single data protection officer, provided that such officer is
accessible by each entity; and imposes a general penalty in the form of a fine not exceeding KES3-
million or an imprisonment term not exceeding ten years, or to both.
Kenya
sector Finance / Tax
legislation Finance Act No. 23 of 2019
effective date/status
key points and impact
Effective from 1 January 2020 in relation to sections 7, 8, 10, 14 and 49.
Effective from 7 November in relation to all other sections.
The Act: amends the law relating to various taxes and duties and matters
incidental thereto, including noteworthy amendments to the following Acts:
Employment Act amends the Employment Act to remove any ambiguity about what constitutes "basic salary", which is defined as an employee's gross salary excluding allowances and other benefits.
Capital Markets Act provides that the financial penalties imposed under the Capital Markets Act shall be recoverable summarily by the Capital Markets Authority as civil debts.
Miscellaneous Fees and Levies Act increases the import declaration fees (IDF) and the railway development levy.
Kenya
sector Finance / Tax
legislation
Finance Act No. 23 of 2019 ... Continued
effective date/status
key points and impact
Effective from 1 January 2020 in relation to sections 7, 8, 10, 14 and 49.
Effective from 7 November in relation to all other sections.
Retirement Benefits Act amends the Retirement Benefits Act to the effect that, if within a period of two years from the completion of winding up proceedings in respect of a scheme under the Act, the liquidator is unable to trace any member of the scheme, the accrued benefits due to such member shall become unclaimed assets within the meaning of section 13(1) of the Unclaimed Financial Assets Act, 2011, at the end of that period.
Please refer to the ENSafrica tax ENSight for further details regarding amendments to Tax Acts.
Lesotho
sector Finance / Tax
legislation
effective date/status
Income Tax (Amendment of Monetary Amounts) Regulations, 2019 L.N. No. 84 of 2019
Effective from 1 October 2019
key points and impact
The Regulations: Repeal the Income Tax (Amendment of Monetary Amounts)
Regulations, 2019 L.N. No. 64 of 2019; and increase personal credits from LSL7 260 to LSL9 600.
Mauritania
sector Finance / Tax
legislation
effective date/status
Circular No. 5 on the application of the new Tax Code, published on 29 April 2019
Published by the the Tax Authority (Direction Gnrale des Impts, DGI) on 10 October.
key points and impact
The Circular: covers corporate tax, individual tax, withholding tax, indirect taxes
and tax procedures.
Namibia
sector
legislation
effective date/status
key points and impact
Finance / Tax
Corporate / Commercial Corporate / Commercial
Namibia Financial Institutions Supervisory Authority: Standards under the Microlending Act, 2018
Effective from 12 September 2019
The Microlending Standards ML.S.1: applies to any person who conducts, or intends to conduct, business
as a microlender in Namibia; and makes provision for application for registration as a microlender; the
change of name, use of another name, use of shortened form or
derivative of the name; purchase, amalgamation or transfer of microlending business to conduct other business on licensed
premises; and the manner of submitting applications.
The Microlending Standards ML.S.2: applies to any key responsible person; and provides for fit and proper criteria for a principal officer, a branch
manager, director, and a shareholder, member, owner, legal or
natural person with at least 5% ownership or decision-making role in
the microlending business.
Amendment of Companies Administrative Regulations: Companies Act, 2004
Issued in Gazette Issue No. The Amendment: on 7032 on 31 October 2019 substitutes Annexure 1 with a new Annexure, which makes provision
for fees and duties.
Regulations relating to fees for Acts and services rendered for copyright: Copyright and Neighbouring Rights Protection Act, 1994
Issued in Gazette Issue No. on 7032 on 31 October 2019 and effective from 1 November 2019.
The Regulations: set out in the Schedule are made under section 61 of the Copyright
and Neighbouring Rights Protection Act No. 6 of 1994, read with
section 30 of the Business and Intellectual Property Authority Act No.
8 of 2016; and make provision for the Business and Intellectual Property Authority
(BIPA) to charge fees for any act done or any service rendered in
relation to copyright under the Act as set out in the Table in the
Schedule.
Namibia
sector Banking
legislation
effective date/status
key points and impact
Regulations Relating to Restrictions of Loan-To-Value Ratios: Banking Institutions Act No. 2 of 1998
Issued in Gazette Issue No. 7044 of 7 November 2019
The Regulations: repeal the Regulations Relating to Restrictions on loan-to-value ratios,
published under Government Notice No. 229 of 20 September 2016; set out the procedures for determining the loan-to-value restrictions
when banking institutions extend mortgage loans to customers for the
purchase of residential properties in Namibia; require banking institutions to comply with the prudential
requirements regarding the imposition of loan-to-value ratios on
residential properties; apply to residential properties with active mortgage bonds and
outstanding balances. Residential properties, which are not
encumbered with a mortgage bond, and without any outstanding balance, are not subjected to these regulations; provide that if a banking institution extends an additional mortgage
loan for an existing residential property already financed with a
mortgage loan with an outstanding balance, and the additional
mortgage loan is used to acquire an additional residential property
with a different title deed, the additional mortgage loan is regarded as financing a second, third and subsequent residential property and is
subjected to these regulations; provide that if an individual holds a member's interest of 50% or more
in a close corporation or a shareholding and voting rights of 50% or
more in a company, and the close corporation or company owns the
residential property, the individual is considered as the owner of that residential property; and require a banking institution to treat spouses making a joint
application as one person, and existing residential properties at the
time of the application to be accounted for cumulatively.
Namibia
sector Finance
legislation
effective date/status
key points and impact
Amendment to Schedule 1 of Financial Intelligence Act No. 13 of 2012
Issued in Gazette Issue No. 7049 of 15 November 2019
The Amendment: makes additions to the list of Accountable Institutions under Schedule
1 of the Act to include: any agent appointed in terms of section 108(1) of the
Customs and Excise Act, 1998; any agent appointed and who in writing has accepted the
appointment, by either an importer or exporter; a container
operator, pilot, manufacturer, licensee or remover of goods
in bond; or another principal; any person who represents himself or herself to an officer as
defined in the Customs and Excise Act, 1998, and is accepted
by the officer as the agent of either an importer or exporter; a container operator, pilot, manufacturer, licensee or
remover of goods in bond; or another principal; a non-profit organisation incorporated as a non-profit
association under section 21 of the Companies Act; and a non-profit organisation, whether or not established under
any law, that primarily engages in raising or disbursing funds for purposes of charity, religion, culture, education, social
activities or fraternity, or any other type of welfare activity.
Namibia
sector Banking
legislation
effective date/status
key points and impact
Regulations Relating to Qualifications, Terms and Conditions for Appointment as Members of Appeal Board and Conducting of Appeals: Banking Institutions Act No. 2 of 1998
Issued in Gazette Issue No. 7057 of 21 November 2019
The Regulations: provide that the other two members of the Appeal Board to be
appointed by the Minister are: a person registered as an accountant or auditor in terms of
the Public Accountants' and Auditors' Act, 1951 and has at
least 10 years of experience in the field of accounting or auditing; and a person who has a qualification in a commercial or financial
field and has at least 10 years of experience at a senior
management level in the banking industry, and knowledge in
the laws governing banking and financial industries; require a member of the Appeal Board to fully disclose his or her
interest that the member may have on a matter to be discussed by
the Appeal Board to the Minister or to other members of the Appeal
Board and the Minister. Failure to disclose interests in a matter is an
offence and a person, on conviction, will be liable to a fine not
exceeding NAD100 000 or to imprisonment for a period not exceeding
two years and six months, or to both; list persons who are not qualified for appointment as a member of the
Appeal Board; provide that the chairperson of the Appeal Board determines the
date, time and venue for the hearing of an appeal and must notify, in
writing, the parties to the appeal at least 30 days before the date of
the commencement of the hearing; provide that any party to the appeal may be represented by a legal
practitioner or by any other person of his or her choice at the appeal
hearing; and
Namibia
sector Banking
legislation
effective date/status
key points and impact
Regulations Relating to Qualifications, Terms and Conditions for Appointment as Members of Appeal Board and Conducting of Appeals: Banking Institutions Act No. 2 of 1998 ... Continued
Issued in Gazette Issue No. 7057 of 21 November 2019
provide that the decision of the Appeal Board must be given as soon as practically possible after the appeal hearing, in writing and must be signed by the chairperson of the Appeal Board. A copy of the decision must be delivered to all the parties to the appeal and to the Minister by the secretary to the Appeal Board.
Nigeria
sector Finance / Tax
legislation
Value Added Tax Act (Schedule Modification) Order, 2018
Finance / Tax
Public Notice
effective date/status
key points and impact
Issued on 6 November 2019 by the Federal Government of Nigeria
The Order: contains additional VAT exempt items, including:
petroleum products such as automotive gas oil (AGO); aviation turbine kerosene (ATK); household kerosene (HHK); locally produced liquefied petroleum gas (LPG); and premium motor spirit (PMS).
Issued on 20 October 2019 by the Federal Inland Revenue Service (FIRS)
The Notice: announces the creation of the Non-Resident Persons' Tax Office
(NRPTO) at the International Tax Department of the FIRS' office in
Lagos. The NRPTO is intended to enhance tax certainty, promote
voluntary compliance, reduce tax disputes and avoid double
taxation relating to non-resident persons that are liable to tax in Nigeria; and provides that all non-resident taxpayers (corporates and individuals)
will be required, with effect from 1 January 2020, to submit their tax
returns, correspondence and enquiries to the NRPTO.
Rwanda
sector Finance / Tax
legislation
Rwandan Tax Procedures Act No. 26 of 2019
effective date/status
Effective from 10 October 2019
key points and impact
The Act: repeals Law No. 25/2005 of 04/12/2005 on Tax Procedures and
governs tax procedures in respect of inter alia personal income tax, VAT, property tax, tax on gaming activities and any other tax as may be prescribed by law; and inter alia:
details the records, books of accounts and other documentation to be kept by a taxpayer;
requires any person who carries out any taxable activity to issue an invoice generated by an electronic invoicing system certified by the Rwanda Revenue Authority (RRA);
prescribes procedures and timelines to be followed by the taxpayer and RRA in the case of a tax audit;
governs the dispute resolution processes available to taxpayers;
prescribes fixed administrative fines and non-fixed fines for various categories of non-compliance; and
establishes guidelines for procedures, including mutual agreement and assistance in collection of taxes provided for in double tax agreements and the prevention of tax evasion.
Rwanda
sector Banking
Oil and Gas
legislation Regulation No. 28/2019 of 9 September 2019 Relating to Publication of Financial Statements and other Disclosures by Banks
Regulation No. 001/LPG/R/GP-EWS /RURA/2018 of 10 January 2018 Governing Liquefied Petroleum Gas Business in Rwanda
effective date/status
key points and impact
Effective from 28 October 2019
The Regulation is aimed at: ensuring that every bank maintains a level of transparency adequate
to enable depositors, creditors and the public at large to make
informed decisions; promoting and maintaining public confidence in the banking sector;
and enhancing market discipline in the banking sector by providing
adequate, financial information covering inter-alia financial
performance, financial position, types of risk to which a bank is
exposed, nature and extent of risk exposure and an overview of
other key aspects.
Issued in Official Gazette No. 43 of 4 November 2019
The Regulation: establishes a regulatory framework for Liquefied Petroleum Gas
(LPG) industry in Rwanda; and applies to the following activities:
importation of LPG; installation or upgrade of an LPG plant; installation of a Storage of LPG in bulk; upgrade of a storage of LPG in bulk; transportation of LPG in bulk or cylinder; wholesale, distribution or retail of LPG in cylinders; and reticulation of LPG in residential or commercial building.
Rwanda
sector Tax
Aviation
legislation
effective date/status
key points and impact
Presidential Order No. 115/01 of 6 November 2019 Ratifying the Agreement between the Republic of Rwanda and the Kingdom of Morocco, for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income, Signed in Kigali, on 19 October 2016
Effective from 11 November 2018
The Order: provides that the Agreement between the Republic of Rwanda and
the Kingdom of Morocco, for the avoidance of double taxation and
prevention of fiscal evasion with respect to taxes on income, signed
in Kigali, on 19 October 2016, is ratified and becomes fully effective;
and provides that the Prime Minister, the Minister of Finance and
Economic Planning and the Minister of Foreign Affairs and
International Cooperation are entrusted with the implementation of
the Order.
Law No. 28 of 2019 of 19 September 2019 Relating to Civil Aviation Security
Effective from 11 November 2018
The Law: establishes the methods for regulating civil aviation security; is aimed at preventing acts intended to jeopardize the safety of civil
aviation by providing for the protection of aircraft used for civil
aviation, persons and goods on board the aircraft; airports, persons
and goods at airports, and air navigation installations which are not at airports; and is aimed at monitoring and inspecting the conduct of persons at
airports and on board aircraft in order to ensure aviation security.
Rwanda
sector Banking
legislation
effective date/status
key points and impact
Regulation No. 29 of 2019 of 9 September 2019 on Consolidated Supervision for Banks
Effective from 18 November 2019
The Regulation: enables the Central Bank to evaluate the entire banking group to
which a bank belongs, taking into account all risks which may affect
the institution, regardless of whether the risks arise in the bank or a
parent undertaking, a subsidiary company, affiliates, associates or
other undertakings in which it has a relationship; establishes reporting requirements for banks and their subsidiaries,
the entities within financial groups and conglomerate groups, in
order to provide the Central Bank with a full understanding of the
structure of the banking or financial group, as well as the business
conducted by each entity of the group, and the risk of environment
in which they operate; is aimed at preventing abuses by financial institutions using group
structures to evade prudential limits or make multiple uses of
capital; and enables the Central Bank to monitor risks that arise outside the
bank, such as the financial risk on intragroup lending, and
reputational risk due to losses, or other problems that may arise in the group.
Tanzania
sector Various sectors
legislation
Written Laws (Miscellaneous Amendments) Act No. 8 of 2019
effective date/status
Effective from 24 October 2019
key points and impact
The Act: amends, replaces and repeals certain provisions of the following
Acts: Civil Procedure Code, (Cap. 33); Criminal Procedure Act, (Cap. 20); Dairy Industry Act, (Cap. 262); Executive Agencies Act, (Cap. 245); The Fisheries Act, (Cap. 279); Government Proceedings Act, (Cap. 5); Law of the Child Act, (Cap. 13); Local Government (District Authorities) Act, (Cap. 287); Local Government (Urban Authorities) Act, (Cap. 288); Meat Industry Act, (Cap. 421); Penal Code, (Cap. 16); Probate and Administration of Estates Act, (Cap. 352); Tanganyika Law Society Act, (Cap. 307); and Trustees' Incorporation Act, (Cap. 318).
Uganda
sector
legislation
Transport / Roads Roads Act, 2019 / Logistics
effective date/status
Effective from 25 September 2019
key points and impact
The Act: repeals the Roads Act, (Cap. 358) and the Access to Roads Act, (Cap.
350); reforms the law relating to the development, management and
maintenance of public roads; provides for the appointment of road authorities for the
development, maintenance, control and management of different classes of public roads; empowers the Minister of Works and Transport, in consultation with the Minister of Finance, Planning and Economic Development, to declare toll roads and prescribe tolls payable on certain public roads; provides for the classification of public roads; provides for the declaration, control and protection of road reserves on public roads; provides for access to public roads; provides for axle load control on public roads; provides for the creation of an environment section for the road sector; provides for road safety; provides for offences and penalties. A daily penalty of UGX40-million is imposed for failure to observe a building line, while a penalty of UGX100-million is imposed for obstruction of an officer acting under this Act. The Act prescribes a fine of UGX2.4-million for littering; and imposes a fine, on conviction, up to UGX40-billion for failure by a road contractor to meet the standards prescribed by the Minister for Works and Transport. Furthermore, the court may require the contractor to remedy the defects.
Uganda
sector Miscellaneous
legislation Law Revision Act, 2019
effective date/status
key points and impact
Commencement date to be set once the Act is gazetted.
The Act: provides for the revision of laws and related matters; provides for a Revised Edition of the Laws of Uganda prepared
under this Act; empowers the Attorney General, in consultation with the Uganda
Law Reform Commission and by statutory instrument to order a Revised Edition, to be prepared by the Commission; requires the Attorney General to ensure that a Revised Edition is
prepared every 10 years from the date of the last Revised Edition; empowers the Attorney General, in consultation with the
Commission, by statutory instrument, to appoint persons to assist
the Commission in the preparation of a Revised Edition; empowers the Attorney General to approve printing and publication
of the Revised Edition and appoint a date on which the Revised
Edition shall come into force; provides that the contents of any Revised Edition shall, subject to
this Act, contain: the Uganda Independence Act, 1962, the Uganda
Act, 1964, of the United Kingdom, the Constitution of the Republic of Uganda, Acts and statutory instruments and legal notices in force
on the date specified by the Attorney General by notice in the
Gazette; and any Acts, statutory instruments and legal notices which
have been enacted but not yet brought into operation on the date
specified by the Attorney General; and sets out the powers of the Commission.
Uganda
sector
legislation
Corporate / Commercial Cooperative Societies (Amendment) Act, 2019
Telecommunications
Uganda Communications (Equipment Type Approval) Regulations, S.I. No. 78 of 2019
effective date/status
key points and impact
Commencement date to be set once the Act is gazetted.
The Amendment: amends the Cooperative Societies Act, Cap. 112 to strengthen the
regulation and supervision of all types of cooperatives, improve safety and soundness of savings and credit cooperatives, enhance cooperative identity and solidarity, promote member empowerment and improve governance within cooperatives for sustainability of cooperative enterprises.
Effective from 8 November 2019
The objective of the Regulations is to: provide uniform standards for the protection of communications
networks from harm caused by the connection of terminal
equipment and associated wiring; set technical standards for the manufacturing, connecting, installing,
distribution, sale, lease, offer for sale, importation, use and disposal of communications equipment; ensure that the connection of equipment to the communications
networks does not damage or jeopardise the integrity of
communications networks; provide a mechanism that enables the efficient delivery of
communications services over communications networks in order to achieve an acceptable quality of overall end-to-end network
performance; ensure the safety of end-users, the general public and workers of
communications equipment; and ensure the fulfilment of essential requirements, including security of
network operation, maintenance of network integrity, interoperability, data protection and protection of the environment.
Uganda
sector Telecommunications
Telecommunications
Telecommunications
legislation Uganda Communications (Film And Commercial Still Photography) Regulations, S.I. No. 79 of 2019
The Stage Plays and Public Entertainments Rules, S.I. No. 80 of 2019
Uganda Communications (Computer Emergency Response Team) Regulations, S.I. No. 81 of 2019
effective date/status Effective from 8 November 2019
Effective from 8 November 2019
Effective from 8 November 2019
key points and impact
The objective of the Regulations is to provide for: the powers and functions of the Commission; the application for filming licences; the application for licences and permits for film production,
commercial still photography and documentaries; the advertising of exhibitions of film production, commercial still
photography and documentaries; and the withdrawal of permits issued for any of the purposes of these
Regulations.
The objective of the Rules is to: provide for the powers and functions of the Commission under the
Stage Plays and Public Entertainments Act; provide for the application for permits under the Stage Plays and
Public Entertainments Act; provide for the advertising of stage plays and public entertainments;
and provide for the withdrawal of permits issued under these Rules.
The objective of the Regulations is to: establish and operate a Computer Emergency Response Team
(CERT) to manage cyber security incidents in the communications sector; identify and protect critical communications infrastructure; provide for an administrative and legal framework during a declared communications emergency; and provide for emergency response measures to respond to cyber and any other network threats in the communications sector.
Uganda
sector Telecommunications
legislation
Uganda Communications (Intelligent Network Monitoring System) Regulations, S.I. No. 82 of 2019
effective date/status
Effective from 8 November 2019
key points and impact
The Regulations: establish a framework to regulate the Intelligent Network
Monitoring System to ensure thorough monitoring and effective regulation of communications traffic in Uganda by:
granting the Uganda Communications Commission sufficient regulatory tools necessary for fulfilling its mandate under the Act;
enabling the Uganda Communication Commission to ensure the generation of reliable information and communications technologies statistics for communications traffic;
detecting and eliminating fraud in the communications networks in Uganda;
empowering the Uganda Communication Commission to effectively monitor compliance with the quality of service parameters;
ensuring fair competition through Intelligent Network Monitoring System and services for monitoring of gateway traffic;
ensuring effective regulation of gateways and their optimum use by operators;
promoting even and fair practices in international transit and roaming practices among operators;
verifying and validating the returns of operators in Uganda; and
enhancing local and international traffic revenue assurance and international market watch services.
Uganda
sector Telecommunications
Telecommunications
legislation Uganda Communications (Text and Multimedia Messaging) Regulations, S.I. No. 83 of 2019
The Uganda Communications (Emergency Response) Regulations, S.I. No. 84 of 2019
effective date/status Effective from 8 November 2019
Effective from 8 November 2019
key points and impact
The objective of the Regulations is to: promote the use of text and multimedia messages by end users of
communications services in Uganda, while minimising encumbrances from mobile spam; provide a transparent mechanism for complaints handling in relation to text and multimedia messaging and ensuring that complaints are handled in a fair and efficient manner; establish a regime that ensures that reasonable steps are taken by authorised parties to protect children from viewing audiovisual content that is not suitable for them; and ensure that the use of text and multimedia messages complies with the laws of Uganda.
The objective of the Regulations is to: provide for the exercise of the powers of the Commission during a
state of emergency; provide for temporary takeovers of any communication station or
apparatus installed and used in the station during a state of emergency; provide for the issuance of directions to operators to operate services in a specified manner to alleviate the state of emergency or promote public safety; and provide for the interception and detention of postal articles in the course of transmission in Uganda during a state of emergency.
Uganda
sector Telecommunications
legislation
Uganda Communications (Universal Service and Access Funds) Regulations, S.I. No. 85 of 2019
Telecommunications
Uganda Communications (Universal Service) Regulations, S.I. No. 86 of 2019
effective date/status
key points and impact
Effective from 8 November 2019
The objective of the Regulations is to: provide for the establishment of a Universal Service and Access
Fund to facilitate access to universal service for the development of
rural communications and information and communications
technology in the country; provide for appointment of a fund manager; provide for operating procedures of the fund; and regulate the utilisation of monies of the fund.
Effective from 8 November 2019
The objective of the Regulations is to: ensure availability of communications services at a minimum
standard determined by the Commission, including providing
services to persons with disabilities, persons in rural, sparsely
populated, high cost service areas and other specified areas in
accordance with the Schedule 6 to the Act; define a set of communications services to be provided by national
operators throughout the country; create a framework for open and efficient access to and use of
communication networks and services in an environment of an open
and competitive market; ensure universal provision of and access to quality and affordable
basic communication services; promote widespread access to quality services at affordable rates
and ensure that rural and high cost areas have access to
communication and information services at prices reasonably
comparable with those offered in urban areas; expand and maintain the accessibility of affordable and quality
communications services to all persons in Uganda;
Uganda
sector
legislation
Telecommunications
Uganda Communications (Universal Service) Regulations, S.I. No. 86 of 2019 ... Continued
Telecommunications
Uganda Communications (Consumer Protection) Regulations, S.I. No. 87 of 2019
Telecommunications
Uganda Communications (Interconnection and Access) Regulations, S.I. No. 88 of 2019
effective date/status Effective from 8 November 2019
Effective from 8 November 2019
Effective from 8 November 2019
key points and impact
establish a mechanism for sharing net costs fairly, transparently and proportionately among operators, and if there are any net costs, to encourage competitive delivery as far as possible; and
ensure that adequate arrangements are in place to monitor the delivery of universal service and review of its level from time to time.
The objective of the Regulations is to: promote and safeguard the interests of consumers and operators; empower the Commission to receive, investigate and determine
consumer complaints relating to communications services offered by the Commission; and to provide for the investigation any consumer related complaints referred to the Commission by the Minister.
The objective of the Regulations is to: establish an effective and competitive framework for regulating
interconnection and access, and providing for mechanisms for the interoperability of communications networks, systems, and facilities through measures aimed at:
ensuring equality of access and universality; guaranteeing competitive interconnection of network facilities to enable the delivery and mutual exchange of communications services;
ensuring cost-oriented commercial leasing arrangements for network infrastructure, facilities, systems, components or elements;
ensuring adequate consumer protection, data privacy and maximising consumer welfare of any-to-any connectivity;
Uganda
sector
legislation
Telecommunications
Uganda Communications (Interconnection and Access) Regulations, S.I. No. 88 of 2019 ... Continued
effective date/status
Effective from 8 November 2019
key points and impact
preventing operators and service providers with significant market power in interconnect and access markets from abusing their positions;
regulating the conduct of operators and providers in a manner proportionate to the market power or relative position in each separate market;
protecting access seekers and other third parties from artificial barriers erected by operators to protect their market share and products' offering from competition;
promoting fair competition, transparency of interconnection and access agreements, and compliance with technical standards by setting out rights and obligations of operators, third parties and service providers in infrastructure and services markets in regard to interconnection and access requests;
establishing a dispute resolution mechanism for access and interconnection disputes;
laying down charging principles for access and interconnection of networks and infrastructure facilities and services;
promoting efficient nationwide infrastructure roll out and deployment; and
promoting overall reduction of operator network costs by providing for infrastructure sharing frameworks to limit duplication of infrastructure in the delivery of communications services.
Uganda
sector
legislation
effective date/status
key points and impact
Telecommunications
Uganda Communications (Pricing and Accounting) Regulations, S.I. No. 89 of 2019
Effective from 8 November 2019
The objective of the Regulations is to: establish a framework for the efficient and reasonable cost-oriented
pricing of communications services through measures that ensure: that prices charged to consumers are reasonable and
efficient, cost-oriented, non-discriminatory and reflect
optimum consumer satisfaction; the promotion of operation efficiency and resource
utilisation; the disclosure of accounting information and records as a
basis of deriving or determining cost-oriented prices; establish an accounting system in the communications sector that is
consistent, reliable, comparable and stable in financial reporting; require operators to implement transparent cost accounting
systems and costing framework, reflecting the costs of efficient
service provision; promote fair competition by ensuring that charges are cost-
oriented, transparent and non-discriminatory; and regulate pricing for communications infrastructure to ease
interconnection, colocation, provision of access and sharing where
applicable.
Telecommunications
Uganda Communications (Centralised Equipment Identification Register) Regulations, S.I. No. 90 of 2019
Effective from 8 November 2019
The objective of the Regulations is to: provide a legal framework for the operation of the Centralised
Equipment Identification Register; promote and safeguard the interest of consumers; and provide a procedure for reporting use of unauthorised
communications apparatus and a means to disable the functioning
of unauthorised, stolen or blacklisted communications apparatus.
Uganda
sector
Legislation
effective date/status
key points and impact
Telecommunications Uganda Communications (Content) Regulations, S.I. No. 91 of 2019
Effective from 8 November 2019
The objective of the Regulations is to: regulate matters relating to content under the Act; and define the functions of the Contents Committee established under
section 14(2) of the Act.
Telecommunications
Uganda Communications (Quality of Service) Regulations, S.I. No. 92 of 2019
Effective from 8 November 2019
The objective of the Regulations is to: prescribe minimum standards of quality of service for operators; create conditions for consumer satisfaction by prescribing the
quality of service which an operator is required to provide and
which the user has the right to expect; prescribe standards for the measurement of the quality of service
provided by an operator in order to assess the level of performance
of the operator; promote fairness and safeguard the interests of consumers of
communications services; and to prescribe penalties for noncompliance with these Regulations.
Telecommunications
Uganda Communications (Competition) Regulations, S.I. No. 93 of 2019
Effective from 8 November 2019
The objective of the Regulations is to: promote the efficiency and competitiveness of communications
services in Uganda; ensure that communications services are reasonably accessible and
fairly priced in Uganda; ensure that communications services are supplied as efficiently and
economically as is practicable and at performance standards that
meet the social, industrial and commercial needs of Uganda; promote and maintain fair and efficient market conduct and
effective competition among all persons engaged in commercial
activities connected with the communications sector in Uganda;
Uganda
sector Telecommunications Telecommunications
Telecommunications
legislation
Uganda Communications (Competition) Regulations, S.I. No. 93 of 2019 ... Continued
effective date/status
Effective from 8 November 2019
Uganda Communications (Fees and Fines) Regulations, S.I. No. 94 of 2019
Effective from 8 November 2019
Uganda Communications (Licensing) Effective from 8 November
Regulations, S.I. No. 95 of 2019
2019
key points and impact
encourage, facilitate and promote industry self-regulation in the communications industry in Uganda;
encourage, facilitate and promote investment; and establish, develop and expand the communications industry in
Uganda.
The objective of the Regulations is to: provide for the assessment of fees by the Commission under the
Act; prescribe fines imposed by the Commission and regulations made
under the Act; prescribe fines and penalties in respect of serious and repeated
breaches of the Act; and provide for the imposition of a fine of up to 10% of gross annual
revenue.
The objective of the Regulations is to: promote fair competition in the communications industry,
transparency in licensing and authorisation procedures and compliance based on open, objective, non-discriminatory and transparent rules, requirements, terms and conditions of licensing and authorisations; promote the development of a harmonised and nation-wide communications network, fulfilment of the public interest and the objectives of the Act, and promotion of the national, social and economic development; develop a broadband infrastructure policy to govern installation, operation and sharing of communications infrastructure and any other identified resource that can be used at the same site by more than one operator, or by an operator and other authorised users;
Uganda
sector
legislation
Telecommunications
Uganda Communications (Licensing) Regulations, S.I. No. 95 of 2019 ... Continued
effective date/status
Effective from 8 November 2019
key points and impact
enhance the interoperability of communications infrastructure, facilities, networks and services countrywide;
establish a regulatory framework for the transformation and operation of a commercialised communications network and services that are efficient, effective, reliable and affordable, and to correspond to the changing consumer demands and technology;
facilitate the introduction of new modern services and the expansion of existing services into modern and innovative quality services delivered at reasonable and affordable cost;
stimulate technological innovation and the development of new services;
ensure the fulfilment of essential requirements; including security of network operations, maintenance of network integrity, interoperability of networks, data protection, protection of the environment and compliance with physical planning requirements;
ensure that the provision of communications services complies with international obligations for the maximisation of user benefits in quality and pricing;
ensure the viability and benefits of new competitive entry in the communications market through increased competition;
ensure efficient management and use of the frequency spectrum; promote the growth, development, efficiency and competitiveness
of the film industry in Uganda; and regulate value added services offered directly or indirectly by
licensed operators to consumers.
Zimbabwe
sector Corporate Governance
Finance
legislation
effective date/status
key points and impact
Companies and Other Business Entities Act [Chapter 24:31] Act No. 4 of 2019
Effective from 13 February 2020
The Act: repeals the Companies Act [Chapter 24:03] and the Private Business
Corporations Act [Chapter 24:11]; provides for the constitution, incorporation, registration,
management and internal administration of companies and winding
up of companies and private business corporations; enables the voluntary registration of other business entities; ensures the removal of defunct companies and private business
corporations by re-registering all existing companies and private
business corporations; introduces an electronic registry for the incorporation and
registration of domestic and foreign companies and private business
corporations; and establishes an inspectorate to better enforce the provisions of this
Act.
Microfinance Amendment Act Act No. 6 of 2019
Effective from 19 November 2019
The Act: amends the Microfinance Act [Chapter 24:30]; establishes the Microfinance Advisory Council, which shall advise
the Minister on strategies and policies to develop microfinance
business; promote good financial practices among microfinance
institutions; and exercise any other function the Minister may confer or impose on the Council; provides for a period of registration of microfinance institutions,
which, accordingly, shall remain in force until it is cancelled in terms
of this Act; requires every registered microfinance institution to pay the
Registrar an annual fee of the prescribed amount;
Zimbabwe
sector Finance
legislation
effective date/status
key points and impact
Microfinance Amendment Act Act No. 6 of 2019 ... Continued
Effective from 19 November 2019
empowers the Registrar to cancel the registration of a microfinance institution if he or she has reasonable grounds for believing that the registration was obtained in error or through fraud or the misrepresentation of a material fact, or contravention of any provision of this Act or any other enactment;
provides that the operations of every microfinance institution shall be directed by a board consisting of at least three directors, in the case of a credit-only microfinance institution, five directors, in the case of a deposit-taking microfinance institution; who shall be responsible for formulating policies relating to the institution's microfinance business and supervising that business;
requires every microfinance institution to establish and maintain adequate and effective procedures of corporate governance consistent with such prudential standards, which shall be directed towards achieving the strategic and business objectives of the microfinance institution efficiently, effectively, ethically and equitably, within acceptable risk parameters;
provides that the board of every deposit taking microfinance institution shall establish, as part of risk management framework, an independent compliance function, headed by a compliance officer;
provides that every person who, immediately before the date of commencement of this Act, was registered under the principal Act as a moneylender or corporate micro financier may continue his or her microfinance business until the expiry of his or her current registration certificate; and
Zimbabwe
sector Finance
legislation
effective date/status
key points and impact
Microfinance Amendment Act Act Effective from 19 November
No. 6 of 2019 ... Continued
2019
provides that if, before the expiry of his or her current registration certificate, a person applies for registration as a microfinance institution, he or she may continue his or her microfinance business under his or her current registration certificate pending the grant or refusal of the application.