Minister undermines ICASA's credibility

Johannesburg, 22 Aug 2007

The communication minister's involvement in the appointment of Independent Communications Authority of SA (ICASA) councillors potentially undermines its credibility.

This is according to a report from Parliament's ad hoc committee on the review of chapter nine and associated institutions.

"The committee is dissatisfied with the extent of the minister's involvement in the appointment of [ICASA] councillors as this may create a perception that the authority is not an independent institution," the report says.

No fear or favour

Pointing to the ICASA Amendment Act, the committee notes the Act requires the authority to be independent, impartial and perform its functions without fear, favour or prejudice.

"Furthermore, section 3(4) of the Act states the authority must function without any political or commercial interference," it says.

However, the report notes the Act contains a number of provisions that appear to be in conflict with, or potentially curtail, the authority's independence.

"The committee is of the view that the powers that the legislation gives to the [communication] minister may negatively affect the independence of the authority from the executive and should, therefore, be revised," it advised.

Power at the top

The committee has recommended the appointment procedures for ICASA councillors be reviewed to "support and assert the authority's independence further". This would require the legislation governing the organisation be amended.

Topmost in those recommendations is that the president - and not the minister - on the recommendation of the National Assembly, should appoint councillors, says the committee.