Members of Parliament have expressed their unease over the powers that appear to have been given to the minister of communications to refuse landing rights in the "Guidelines for Landing Undersea Cables".
Yesterday, Department of Communications (DOC) officials, in the second briefing of the day, gave an overview of the situation regarding undersea cables. However, they did not provide an update of the DOC's own interest in the proposed Nepad system.
Mashile Matlala, DOC senior manager for telecommunications policy, said the guidelines, which should have been published in November, would only appear in the Government Gazette today. The delay was due to consultations her department had to have with the Department of Environmental Affairs and local and provincial government, and these departments did have an influence on where and how cables would be landed.
In terms of the guidelines, minister of communications Ivy Matsepe-Casaburri would have authorisation to allow the operation and landing of all undersea cables and this authorisation was not transferable.
The three qualification criteria are that such authorisation could only be granted to an individual ECNS licence-holder, a combined equity ownership that can be held individually or jointly with other African entities to have equal, or greater, than 51% stakes, and that individual ECNS holders may file an application together if each owns less than 51%.
The application must include details of the company, including ownership interests, and must be published in the Government Gazette.
The guideline stipulates the minister can consult with other relevant structures, such as the Department of Environmental Affairs and Tourism, and those dealing with national security.
Disputes would be referred to the Complaints and Compliance Committee in terms of the ICASA Act, and the minister may withdraw authorisation if the holder fails to comply.
Matlala said the guidelines were necessary, as SA, unlike many other countries, had not separated out the landing of an undersea cable from the rights a fully-licensed electronic communications network service operator (formerly a PTSN) had for operating an international gateway.
"In many other countries, these are treated as separate licences," she said.
Matlala also said these guidelines were essential because telecommunications regulator ICASA was not geared for the rapid deployment of infrastructure and the business model for undersea cables had changed.
Ismail Badi (ANC), Parliamentary Portfolio Committee on Communications chairman, asked: "What is the standing in law of these guidelines? Can the minister grant herself powers? If the companies refuse to abide by them, then so what? It all seems to be a very loose arrangement."
Dene Smuts, DA spokesperson on communications, said: "It seems the DOC is playing both the referee and the player. These guidelines have no force in law."
Suzanne Vos (IFP) asked: "Has any economic analysis been done? Because it seems that the DOC wants to hamper the landing of cables that should bring down our telecommunications costs."
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