Government communications minister Faith Muthambi says the four outgoing Independent Communications Authority of SA (ICASA) councillors that were instructed to vacate their offices by the end of the month in which their term ended - or is set to end - were not dismissed.
Muthambi today responded to a query sent by ITWeb on Tuesday, following controversy around a letter she issued to four outgoing councillors (Joseph Lebooa, William Currie, Miki Ndhlovu and William Stucke). The minister says the councillors were not dismissed, rather "their four-year term as stipulated in section 7(2) of the ICASA Act has come to an end".
According to legal experts, the ICASA Act distinctly makes provision for a 45-day extended term for outgoing councillors - unless new appointments have been made and the new councillors are ready to take their seat.
Electronic communications law consultant Justine Limpitlaw said yesterday she had no doubt Muthambi has acted illegally. "There is no one who can tell [the councillors] to leave. This is neither a ministerial nor an ICASA council decision. The ICASA Act makes it very clear that councillors are obligated to stay on for a maximum of 45 days or until their replacement starts their term. There is no loophole."
Minister's perogative
Muthambi says, however, the 45-day extended term is not part of the four-year term that a councillor has to serve. "It is primarily an option that a minister can exercise motivated by a myriad of factors, including critical assignments to be completed by a councillor prior to leaving office."
The minister says she does not see any reason to exercise the option at this stage.
According to an insider, the outgoing councillors had been working actively on extremely important projects, which they had wanted to complete before stepping down, including high-demand spectrum and digital TV migration.
Muthambi echoes the statement sent out by ICASA yesterday, saying: "The departure of these councillors will in no way affect the smooth functioning [of ICASA]." She says decision-making at the council quorum is based on the majority of the councillors in office at the time, and not the overall number.
Asked about the intention of the letter, Muthambi states: "In the same way that the minister issues letter of appointments for ICASA councillors following the completion of the process outlined in Section 5 of the [ICASA Act], the minister has the task of issuing letters thanking them for their services at the end of their term."
Democratic Alliance shadow minister of communications Gavin Davis has today written to the chairman of Parliament's Portfolio Committee on Communications, Joyce Molio-Moropa, saying the party believes Muthambi has acted unlawfully.
"On that note," the letter goes on to say, "there has been no clarity from your office on the progress made with regards to the appointment of new ICASA councillors."
Davis concludes by requesting the matter of the appointment of new councillors be discussed at the next committee meeting.
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