MPs’ ire raised over ‘typo’
The Parliamentary Portfolio Committee on Communications was 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, 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 said.
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.
The net effect of the mistake led to only about 30 minutes of work done on the Bill yesterday instead of the scheduled four hours.
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, 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.
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