The Democratic Alliance (DA) has called on government communications minister Faith Muthambi to explain herself following a recent instruction for four Independent Communications Authority of SA (ICASA) councillors to vacate their offices before their terms have legally come to an end.
DA shadow minister of communications Gavin Davis says Muthambi must explain her "interference" in ICASA.
He notes the party is in possession of the letter Muthambi sent to four outgoing ICASA councillors - Joseph Lebooa, William Currie, Miki Ndhlovu and William Stucke - instructing them to vacate their offices before the 45-day extended term, as per the ICASA Act, has been fulfilled.
"We believe the minister has acted unlawfully by issuing this instruction."
The letter, dated 6 October 2014, states: "Section 7(4) of the ICASA Act as amended makes provision for councillors whose term of office has come to an end to remain in office for an extended period not exceeding 45 working days pending finalisation of the selection/appointment process for their successors. Since your contract has ended, I wish to inform you that the above section will not apply."
The Act allows for councillors to serve four-year terms, which the said councillors had served - Lebooa and Currie having completed this period at the end of September; and Stucke and Ndhlovu set to complete their term at the end of October.
Davis says there is nothing in the legislation that gives the minister the right to revoke the 45 working day extension. "The extension is automatic if no replacements have been appointed. The [Parliamentary] Portfolio Committee on Communications (PPCC) still needs to advertise the vacancies, embark on a nomination process and provide the minister with a shortlist of six candidates to fill the four vacancies. There is no chance of this happening before the end of the 45 working day extension."
Explaining to do
He says, given the potential unlawfulness of the minister's actions, he will be calling for her to appear before the PPCC to explain herself.
In particular, says Davis, Muthambi must explain what authority she has in law to revoke the 45-day extension as provided for in the ICASA Act and why she has moved to dismiss the councillors, despite the fact that the PPCC has not begun the process of appointing new councillors.
According to an insider, the outgoing councillors had been actively working on "extremely important projects", which they aimed to complete during their extended term - including high demand spectrum, digital TV migration, infrastructure sharing, IMT [International Mobile Telephony] roadmap and commercial radio and TV licensing.
Davis says ICASA has a mandate to regulate the SABC and allocate high-demand spectrum, communications infrastructure, commercial radio and TV licensing.
"[The minister's] actions will fuel speculation that she wishes to control the broadcast regulator as part of government's plans to create a department of propaganda. As a Chapter Nine institution, ICASA should be impervious to ministerial manipulation. Minister Muthambi must explain herself without delay."
The Department of Communications has yet to respond to queries around why the minister has taken this route. In response to a follow up query this morning, Muthambi's spokesperson Bongiwe Gambu forwarded a statement released by ICASA yesterday, downplaying the reduction of the council by almost half its members.
Share