The Independent Communications Authority of SA (ICASA) has responded to queries and reports that four of its outgoing councillors have been given early marching orders by government communications minister Faith Muthambi.
In a media statement today, ICASA said it was not surprised by the fact that, between September and October 2014, the terms of office of four ICASA councillors come to an end. The authority says this fact was taken into account during its planning at the beginning of the financial year.
"In planning for the end of terms of councillors, all council activities were headed by a councillor whose term was not to end during the current financial year, and supported by outgoing councillors."
ICASA says it is therefore confident it has put in place sufficient measures to accommodate the departure of "some" councillors. "This does not, however, take away from invaluable contribution of outgoing councillors William Currie, Joseph Lebooa, Miki Ndhlovu and William Stucke.
"The chairperson and remaining councillors would like to thank the outgoing councillors for their contribution and wish them well in their future ventures."
Mischievous media
The statement goes on to say the recently amended ICASA Act "provides for the continued and legitimate decision-making by the council of ICASA, even in instances where there are fewer councillors in office at any given time, as has been the case previously".
The regulator notes there have been periods in the past when there was less than the full complement of councillors in office - "and this did not impede decision-making or bring into question the legitimacy of decisions".
ICASA says, in light of this, "recent media reports are mischievous in creating an impression that the ICASA council and its activities will be hindered".
The Chapter 9 body points out that it does not appoint councillors, nor can it decide on the end date for councillors. "The appointment of councillors is done through the minister after a Parliamentary process, and the term of office of councillors is four years."
Premature departure
The statement ends with confirmation that Muthambi has "requested councillors whose terms of office are ending to complete their handover and wrap up their activities a month after the end of their terms of office".
Industry experts have, however, viewed the minister's request as dubious, citing a clause in the ICASA Act whereby there is an obligatory 45-day extension term for outgoing councillors (unless a councillor's successor is already in place).
The Department of Communications has not responded to numerous requests for comment, but there is no indication that Parliament has kicked off the process of appointing replacement councillors.
Yesterday, Democratic Alliance shadow minister of communications Gavin Davis posed the question of why the appointment of ICASA councillors was not on the Parliamentary Portfolio Committee of Communications' agenda for the current (and last for the year) term of Parliament to the committee's chairman Joyce Moloi-Moropa.
Davis says Moloi-Moropa was vague in her response, saying only the committee is aware of the appointment process and it was "within the timeframes".