Almost six months down the line since the establishment of two new ministries that have been beset with grey areas, the Department of Communications (DOC) and Department of Telecoms and Postal Services (DTPS) have yet to get to grips with the transfer of functions between them.
According to the DOC - government's public communications department established by president Jacob Zuma in May - the two departments, which have over recent months sparked controversy about which entity effectively takes charge of SA's crucial digital migration process, have met twice to address the practical transfer of "legislative functions", to no avail.
"The meetings have not produced the required results and the Presidency will be making the required intervention to resolve the matter."
The actual creation of the new departments was cemented by presidential Proclamation 43, on 8 July, while the transfer of administration of legislation and entities from one minister to another was covered - at least on paper - by Proclamation 47 of 15 July.
Now, a new proclamation is being considered by the Presidency regarding how the crossover of legislation and functions will be effected between the DOC and DTPS, headed by Faith Muthambi and Siyabonga Cwele, respectively.
At a portfolio committee on communications meeting in Cape Town today, Democratic Alliance shadow minister of communications Gavin Davis is seeking clarity on the issue. He says the DOC's presentation to the committee appears "deliberately vague on what is clearly a turf war raging between the DOC and DTPS".
It became clear, in a response from acting deputy director general in Muthambi's office, Donald Munzhelele, that a stalemate had arisen over the ceding of aspects of the Electronic Communications Act (from DTPS to the DOC) and of the Broadcasting Act (from DOC to DTPS), explains Davis.
"The idea was to issue a proclamation assigning relevant functions to each minister. When the officials from each department attempted to drill down (with the help of the state law advisor), they ran into difficulties."
Muthambi's department says it has requested engagement with DTPS on what could be considered for transfer while awaiting the proclamation. "We are awaiting their response."
ICASA uncertainty
Meanwhile, the role of the Independent Communications Authority of SA (ICASA) - another issue that has lingered since the ministry split - is also still unclear and set to be defined by the proclamation due from Zuma's office.
The DOC makes it clear ICASA no longer reports to the department overseeing ICT - the DTPS - but rather to itself, and reiterates the Presidency is working on a proclamation that will determine the transfer of functions between the two departments.
The "new" DOC comprises ICASA, Brand SA, the South African Broadcasting Corporation (SABC), Media Development and Diversity Agency (MDDA) and the Film and Publication Board. It essentially took over from the Government Communication and Information System (GCIS).
Post Zuma's new Cabinet, explains the DOC, it created a start-up organisational structure, with the assistance of the Department of Public Service and Administration, which was effected on 19 September. "The start-up structure took over the functions of GCIS and added one branch called policy and entity oversight, which would enable the department to exercise oversight over ICASA, SABC, MDDA, Brand SA and Film and Publication Board."
The start-up structure was approved by the minister for public service and administration on 19 September, after determining the transfer of GCIS functions to the new Department of Communications.
Scraping funds
However, before it can implement the said structure and start attending to the issues it has been tasked with, the DOC has some financial hurdles to clear. In its presentation to the Parliamentary Portfolio Committee on Communications today, the department highlighted certain funding challenges.
One of these is that of providing offices for the ministry. The DOC notes National Treasury failed to provide funds for this, "and as such, we are looking into our budget to find money for this purpose".
The department is also "scraping for funds" for vehicles, as these were not provided for either, it says. The DOC also needs to reprioritise funds to cater for its current programmes, as these are not funded for the current financial year, which ends on 31 March.
"With the limited resources we have, we will - between now and the end of the financial year - build capacity for the new branch policy and entity oversight, embark on a detailed strategic plan for the department, develop the ideal organisational structure, and bring on track the digital migration project."
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