The report by Parliament`s ad hoc committee on Chapter Nine institutions will result in further amendments being made to the law governing the Independent Communications Authority of SA (ICASA), says Democratic Alliance communications spokesperson Dene Smuts.
The ad hoc committee`s chairman, Kader Asmal, tabled the report in Parliament yesterday.
It was requested in 2006 by president Thabo Mbeki as an investigation into the relationship between the executive arm of Parliament and institutions that are protected under Chapter Nine of the Constitution. This coincided with Asmal`s last day as a member of Parliament as he is retiring to move back into academia.
ICASA, by virtue of its role of being the broadcasting regulator, is considered one of these institutions, although it is also responsible for regulating the telecommunications and postal sectors.
The sticky relationship between ICASA, Parliament and the minister of communications came to light in 2005 during amendments to the authority`s governing law concerning who appoints the councillors. The initial proposal that this is done by the minister of communications was rejected by the presidency due to constitutional grounds and this delayed the implementation of the closely-related Electronics Communications (EC) Act. The EC Act now sets the playing field for the telecommunications and broadcasting industries.
Under the present system, councillors are appointed by a list provided by Parliament to the minister of communications of one-and-a-half times the number of open positions. The minister selects his or her choices, returns it to Parliament, which then votes on it and, if a both sides agree, it is sent to the president for approval.
However, the ad hoc committee`s report recommends that only Parliament appoints the councillors, with no reference to the minister so that the councillors can carry out their duties without fear or favour.
The report also recommends a reappraisal of ICASA`s funding and how it interacts with National Treasury. It states that the Department of Communications should not be involved in this process.
The ad hoc committee also noted that it was unacceptable that there was no formal process for the public to complain against ICASA. It added that members of Parliament`s communications portfolio committee should have better technical knowledge of the sectors ICASA covers to carry out its oversight roles more effectively.
"This is just the beginning of the process and debate that will lead to some changes in the ICASA law," says Smuts, who is also a member of the communications committee.
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