The Department of Communications has extended the comment period on a controversial Independent Communications Authority of SA (ICASA) Bill to 30 January.
Comments were initially meant to close last Thursday. However, on Friday, the period was extended until almost the end of the month.
The initial comment period was criticised as being too short, because the date would have meant that people would have to submit their input during the traditional festive season break. Communications minister Dina Pule has gazetted the extension period.
On publication of the Bill, last year, the state said the proposed changes to the legislation aim to give more clarity on the powers and duties of the establishment of the Complaints and Compliance Commission (CCC) to replace the Complaints and Compliance Committee.
In addition, it aims to confirm the use of electronic communications networks and services for the purpose of electronic transactions, as well as introduce mechanisms to ensure the accountability of committees, ICASA and its councillors.
However, Kathleen Rice, director of technology, media and telecommunications at law firm Cliffe Dekker Hofmeyr, argued that, because the new CCC will be chosen by the communications minister, the Bill expropriates ICASA's powers, because the committee has the power to tell ICASA what to do when it comes to licences. She expressed concern over the original comment period.
Currently, the CCC makes recommendations to ICASA which the authority has discretion to implement. This will change under the proposed amendments.
The CCC is currently an independent committee that investigates and hears matters referred to it by ICASA, complaints received by the committee, and allegations of non-compliance with the ICASA Act or underlying statutes.
It can make any recommendation to ICASA if necessary, or incidental to, ICASA's performance in terms of the ICASA Act as well as achieving the law's objectives. It comprises seven people and its chairman must either have been a High Court judge, an advocate or attorney with 10 years' experience, or a magistrate with at least 10 years' service.
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