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Industry appalled at Zuma's ICASA edict

Martin Czernowalow
By Martin Czernowalow, Contributor.
Johannesburg, 04 Dec 2014
President Jacob Zuma's move to share control of ICASA between the DOC and DTPS has not been welcomed by the industry.
President Jacob Zuma's move to share control of ICASA between the DOC and DTPS has not been welcomed by the industry.

The ICT industry has once again reacted with dismay at the Presidency's latest move to split control of the communications regulator between the communications and telecommunications and postal services ministries.

Published in the latest Government Gazette, president Jacob Zuma's proclamation is, in part, an amendment of the presidential proclamation that was issued shortly after Zuma split the former communications ministry into two, soon after the country's general elections, in May.

The initial presidential order gave control of the Independent Communications Authority of SA (ICASA) to the new Department of Communications (DOC). However, the latest proclamation transfers some of the functions and responsibilities - in terms of the ICASA Act of 2000 - to the Department of Telecommunications and Postal Services (DTPS).

Communications minister Faith Muthambi will have a say over recommendations of policy matters and amendments to the ICASA Act and the Broadcasting Act of 1999, in as far as they pertain to the development of the broadcasting sector.

On the other hand, telecommunications and postal services minister Siyabonga Cwele will have influence over policy matters and amendments to the Electronic Communications Act of 2005 and the Postal Services Act of 1998, which promote development in the electronic transactions, postal and electronic communications sectors.

In addition, the proclamation transfers some of the administration of powers and functions entrusted by the Electronic Communications Act of 2005 - which largely regulates electronic communications in SA - to Cwele, putting him in charge of aspects of the legislation that deal with electronic communications. In turn, aspects of the Act that pertain to broadcasting will fall under Muthambi, officially cementing her role as the minister responsible for the country's digital migration process.

More confusion

While Zuma's proclamation should lay to rest a long-standing turf war between Cwele and Muthambi, especially over key projects such as broadcast digital migration, the industry is not impressed.

"This doesn't just complicate things, it complicates things even further," says Ovum senior analyst Richard Hurst, alluding to Zuma's initial split of the former DOC, which was heavy criticised by market observers and the industry.

In response to the establishment of the split ministries, pundits dismissed the new DOC as little more than propaganda machinery, while the creation of the DTPS was slammed as a reversion to the pre-digital era and a deliberate move to separate broadcasting content from service provision.

The latest presidential proclamation seems to have largely reaffirmed this view, with Hurst saying the new division of power - which underlines the separation of broadcasting service and content provision - speaks to a lack of understanding of ICT within government.

"It seems like government sees ICT as a nice-to-have, adopting the attitude that 'we'll get to it, when we get to it'. I don't think they grasp what it really is. Other African governments are well ahead of us, having harnessed ICT for the benefit of the people and the economy. Meanwhile, South Africa is sliding backwards and this is just adding to that slide."

Furthermore, says Hurst, it is concerning that ICASA will now answer to two ministers - who have already been seen to have conflicting interests. "The turf war [between Cwele and Muthambi] can be expected to spill over to ICASA, with the result that key projects could be further delayed, as the authority has long been fumbling with issues such as spectrum allocation.

"This will just have a knock-on effect, putting undue pressure on the regulatory body. The sector will certainly not welcome this move with open arms."

'Tragic move'

ICT veteran Adrian Schofield is equally scathing of the split of ministerial oversight of ICASA, as well as the handing over of digital migration to Muthambi.

"I cannot understand the logic - all over the world technology is converging. You can't just separate broadcasting service and content provision," he says, adding the configuration of the DOC and the DTPS shows a complete lack of understanding of ICT from the president's office.

Schofield says the turf war between the two departments also shows the respective ministers do not have a firm grasp of technology. "There is also an obvious lack of understanding between Cwele and Muthambi of the infrastructure environment versus propaganda machinery."

Meanwhile, Democratic Alliance shadow minister of telecommunications and postal services Marian Shinn calls Zuma's proclamation a "tragic move".

"It entrenches the backward slide to pre-convergence days and adds layers of complexity for ICT companies trying to deal with ICASA, which doesn't have the skills to cope with its current regulatory obligations, let alone have to try to check and double-check which bit of which Act is relevant to which department, each time they submit an application.

"The lawyers will get rich from the schlepp of people trying to license and operate a legal ICT business in South Africa. The complex and time-consuming process that is now in place will chase away investors to other parts of Africa, where it is less onerous to do business."

Shinn adds one can only hope the ICT policy review process will soon restore some sanity to the ICT environment and that, by then, "the current Cabinet will have been moved off to other pastures".

Neither the DOC, nor the DTPS, could be reached for comment by the time of publication.

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