CONTROL CLAUSE COLLAPSES
An amendment mooted last year by the national council of provinces’ (NCOP) communications committee has not made it into the final bill. The amendment was to reinstate a clause in the Icasa Amendment Bill that would give communications minister Ivy Matsepe-Casaburri the power to oversee the appointment of councillors.
The proposed clause, first mooted when it was still before the parliamentary portfolio committee on communications, drew widespread fire.
There was a fear that Icasa, which regulates the broadcasting and telecom industries, would lose its independence, which is partially enshrined in the constitution, as Matsepe-Casaburri would in effect have the right to hire and fire councillors as she saw fit.
Lobbying by industry and opposition parties eventually led to the clause being removed. The bill is still drawing criticism, however. “The dismissal process is unconstitutional, the appointment process is just a mess,” says Democratic Alliance MP Dene Smuts
Smuts criticises the role played by the NCOP’s communications committee, saying it “ignored, or is unaware, that the constitutional court has said that independence means independence from government”.
“Regulators like Icasa were created to be, and to be seen to be, outside of government [control],” she says.
In terms of the amendment bill, Matsepe-Casaburri will be able to ask the parliamentary panel responsible for recommending councillors to “review its recommendation”.
Smuts fears the introduction of a performance management system, designed to evaluate the work of councillors, could also be used by government to get rid of councillors and replace them with people who are more receptive to its influence.
The amendment bill is with President Thabo Mbeki He has not yet signed it into law.
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