New bill threatens Icasa independence
The select committee recently amended the Icasa Amendment Bill so that the power to appoint and fire councillors vests with the minister.
The National Assembly’s communications portfolio committee currently selects councillors and recommends them to President Thabo Mbeki for appointment.
It is understood that communications department officials campaigned for the amendments that go against the central role played by Parliament in the selection of constitutionally enshrined entities such as the public protector and auditor-general.
Icasa warned the NCOP select committee that its proposed amendments would be unconstitutional and would undermine its independence.
The NCOP committee’s proposed amendments still have to be voted on by a NCOP plenary later this month. If adopted, the bill will then go back to the National Assembly, which will have the final say on which method of selection is adopted.
The NCOP changes nullify those of the National Assembly’s communications committee, which retained Parliament’s key role in the selection process. The assembly endorsed this decision.
Democratic Alliance communications spokeswoman Dene Smuts said it was “obvious” the NCOP committee “had succumbed to executive pressure” and rubber-stamped its wishes.
“This will strip Icasa of its independence, and is a direct challenge to the National Assembly.”
Communications department senior manager of policy Mashila Matlala denied any knowledge of pressure being exerted on committee members.
Matlala said the department had proposed changes to the selection procedure to shorten it, but would not object to any particular method as long as it was transparent and maintained Icasa’s independence.
Communications committee chairman Kgaogelo Lekgoro was aware of the NCOP changes. He said he was not married to one selection method provided it was transparent and public.
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