The Independent Communications Authority of SA (ICASA) has issued a right of reply to an article published by ITWeb last month, "ICASA council set for shake-up", which it believes to be "inaccurate and highly misleading".
The said article was a product of industry comment, insight as to councillor selection processes, and confirmation from the regulator regarding the imminent departure of four of its council members, Joseph Lebooa, William Currie, William Stucke and Miki Ndhlovu.
In a response to a query sent by ITWeb to ICASA regarding the process of appointment of new councillors, spokesperson Paseka Maleka said last month: "The council of ICASA is appointed (in terms of the ICASA Act) by the minister of communications upon approval by the National Assembly according to, among other principles, participation by the public in the nomination process as well as transparency and openness.
"A councillor may at the end of his or her term of office be reappointed for one additional term by following the same process of appointment as prescribed in the ICASA Act."
In a right of reply statement by ICASA chairperson Steven Mncube, he says: "The article purports that ICASA is facing some kind of crisis because 'so much experience is leaving at once' and that 'independent-minded individuals with a passion for the ICT sector and its potential will be lost'.
The above sentiments were expressed by industry observers - in this mentioned case, by Democratic Alliance shadow minister of telecoms and postal services Marian Shinn - and do not represent the views of ITWeb.
Governance and legislation
Mncube says it is important to clarify the governance and legislative framework regarding the appointment of ICASA councillors. "The appointment of ICASA councillors is an open and transparent process undertaken by Parliament, and ratified by the minister of communications.
"The ICASA Act, of 2000 as amended, provides for the appointment the chairperson of council for a period of five years, and for councillors, four years. The terms of office for chairperson and councillors are renewable, but only once."
Mncube notes this provision applies to the terms of the four outgoing councillors and says the framework is intended to allow for a continuous infusion of new ideas, intellectual input and expertise into the authority. "This legislative arrangement has been in place from the days of the Independent Broadcasting Authority (IBA) and the South African Telecommunications Regulatory Authority, predecessors to ICASA."
Secondly, he says, the stipulation of minimum and maximum terms of office for council is intended to minimise risks related to conflict of interest, for example, in the regulation of a multibillion-rand industry.
Council mandate
The brief and mandate of ICASA councillors is to provide strategic input and direction to the operations of ICASA as it conducts its business of licensing and regulating the postal, broadcasting and electronic communications sectors, says Mncube.
"Operational staff, in their respective and specialised divisional units, process licence applications, generate regulations and recommend to council for approval.
"This operational arrangement - tried and tested over the past 20 years - ensures that there is continuity in the business of the authority, and there is minimal or no disruption at all when councillors or senior managers leave the organisation.
"Mandla Langa, a notable and established writer, served as chairperson to both the IBA and ICASA. Since the inception in the early 1990, ICASA and its predecessors have had in excess of 20 councillors."
Mncube says some councillors had been reappointed after the expiry of their first or initial term of office - like Currie, Nadia Bulbulia and Lumko Mtimde.
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