The Department of Communications is taking measures to entrench the process of appointing Independent Communications Authority of SA (ICASA) councillors in the Constitution.
The department will make its case for the amendment of chapter nine to parliament`s constitutional review committee on 12 May.
Its submission states that, as there is no provision in the Constitution that outlines how ICASA councillors ought to be appointed, such processes should be reflected in the Constitution, says Richard Mantu, the department`s deputy director of communications.
The move would streamline the process of appointment, tenure and removal of ICASA councillors with other chapter nine institutions, whose processes are clearly set out in the Constitution, he says.
Mantu says the department`s position is that ICASA must remain a chapter nine institution. However, he was unable to clarify whether the department is shifting from its position that a panel appointed by the minister presents names of potential councillors to the portfolio committee of communications, or whether they concede that parliament be completely independent in its execution of the process.
The department maintains the position that the minister appoints a panel that would recommend the names of potential councillors, Mantu says. However, this position is being reviewed in order to ensure the department`s position is constitutionally sound.
ICASA was unable to provide an official response by the time of going to publication. However, a spokesperson notes that the department would like to influence the process of appointing ICASA councillors through the panel of experts. He says it is unlikely the department has shifted from this objective so quickly. Therefore, the submission to the constitutional review committee should be watched with interest, he says.
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