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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Rethinking (reluctant) capture: South African telecommunications and the impact of regulation
Author:Cohen, Tracy
Year:2003
Periodical:Journal of African Law
Volume:47
Issue:1
Pages:65-87
Language:English
Geographic term:South Africa
Subjects:government policy
telecommunications
External link:https://www.jstor.org/stable/30038548
Abstract:South Africa (SA) has commenced the second phase of gradual liberalization and is about to open its fixed-line telephone market to competition. This article assesses the development of the SA telecom sector and examines new policy proposals already in the early phases of implementation, to evaluate whether they will facilitate or impede market growth. A key concern regarding the sector's economic future lies in the regulatory environment and the role of vested interest groups in shaping its overall development. Legislative provisions having an adverse impact on sound regulatory governance are examined and, drawing on Bernstein's account of the regulatory life-cycle, a tentative theory of reluctant capture is advanced to explain this result. It is suggested that dominant theoretical perspectives on regulation and independence need to be reviewed within the unique context afforded by the SA historical narrative. The article proposes that a number of fundamental legislative design flaws need to be remedied or the SA telecommunication regulator will remain seized by inappropriate battles with policymakers. While the article concludes that SA remains an attractive and lucrative market on the ascent, remedying these flaws must be prioritized if the participation of foreign capital in the domestic market is to be secured. Notes, ref., sum. (p. I) [Journal abstract]
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