Parliament`s deliberations on the ICASA amendment Bill were halted this morning after "human and computer errors" by the Department of Communications led to changes that were not agreed on being included into the working draft.
The Parliamentary Portfolio Committee on Communications is deliberating changes to the legislation that governs the Independent Communications Authority of SA (ICASA) - the broadcasting and telecommunications regulator, and scheduled to become the postal regulator as well.
The multi-party committee had agreed to changes in section four of the Bill yesterday, allowing ICASA councillors to delegate their powers and responsibilities, but stating they cannot delegate their decision-making powers.
According to the department`s working draft submitted this morning, the minister of communications has the final say on the delegation of the councillors` powers.
"This goes straight to the heart of the matter of ICASA`s independence. The minister cannot run the regulator," said Dene Smuts, MP and committee member for the Democratic Alliance.
"Never in my 15 years of being a parliamentarian have I ever seen the executive [government] try and slip in a change like this. There was always good reason in past why the department was not allowed to be present during deliberations and there is good reason for it as it involves the separation of powers," Smuts told ITWeb.
Only Parliament has the power to make and amend laws, not the executive, she said.
Committee chairperson Mpetjane Lekgoro of the ANC said the changes were caused by a combination of computer and human error.
"Apparently there were two Department of Communications people working on the document using two different PCs. When they had to merge it into one, some kind of problem happened with the cutting and pasting," he said.
Lekgoro hoped the committee would be able to finish its deliberations and vote on the ICASA Bill, but said the delay could mean a long night for all concerned.
The net effect of the mistake led to only about 30 minutes of work done on the Bill this morning instead of the scheduled four hours. The committee will reconvene at 3pm today once the department has reworked the draft.
Department of Communications director-general Lyndall Shope-Mafole apologised to the committee.
ICASA to keep its name
Meanwhile, the committee has agreed to let ICASA retain its name rather than change it to the department`s proposed Electronic Communications Authority.
The appointment of councillors through a proposed "independent panel" appointed by the minister of communications, rather than through this committee, is a major stumbling block and should come up for debate this afternoon, said committee members.
"We have a proposal that should prove to be a good compromise. We will table it this afternoon," said Godfrey Oliphant, the ANC`s committee whip.
Related stories:
ICASA fights to keep name
ICASA hearings begin in Parliament
Share
