The Democratic Alliance (DA) has lodged a Promotion of Access to Information Act (PAIA) application for the minutes of every Independent Communications Authority of SA (ICASA) council meeting since May.
DA shadow minister of telecoms and postal services, Marian Shinn, says the regulator has failed to post minutes on its Web site since the ICASA Amendment Act came into effect on May 10. The law obliges the regulator's council to meet monthly and post meeting minutes Web site - as well as lodge copies in its library.
"There is no sign of minutes on the Web site. In one respect, this is unsurprising as the Web site is poorly maintained."
Shinn notes that the names of the four ICASA councillors whose terms were summarily suspended by communications minister Faith Muthambi in October are still listed as councillors, while Katharina Pillay - who has been councillor since February 2013 - is yet to be listed.
She says explanations from ICASA Stephen Mncube at parliamentary portfolio committee meetings this year have not been satisfactory.
"Issues that must have been discussed at council meetings in the latter half this year include the R75 million settlement with [Wireless Business Solutions] (WBS), which owed ICASA R113 million in unpaid licence fees, and the much delayed granting of a broadcasting licence to subscription-based sports channel Siyaya TV."
Shinn says the amendment to the ICASA Act that obligates the regulator to make public its decisions and the reasons for them was a "much-heralded move" to ensure transparency of ICASA's decisions.
"ICASA's reluctance to post its minutes, despite parliamentary process and media pressure to do so, raises concerns about who is influencing the council's decisions and whether its processes are robust. As a chapter nine institution, it must act with vigour to assert its independence of state and commercial pressure."
In August Shinn brought up the issue of the absent ICASA council minutes. At the time a particular interest of the DA was the meeting at which the WBS settlement was discussed.
ICASA spokesperson Paseka Maleka confirmed this morning that the regulator had received a PAIA application, but said ICASA was "in no position to make a comment because the matter is still receiving internal attention".
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