DA lodges PAIA application for ICASA minutes
11 December 2014
I have lodged a Promotion of Access to Information Act (PAIA) application for the minutes of every council meeting of the Independent Communications Authority of South Africa (ICASA) since May 2014 as it has failed to post these on its website.
The ICASA Amendment Act, which came into effect on May 10, obliges the ICASA council to meet monthly and post minutes of these on its website and lodge copies in its library.
There is no sign of minutes on the website. In one respect this is unsurprising as the website is poorly maintained. The names of the four ICASA councillors whose terms were summarily suspend by the Minister of Communications in October are still listed as councillors. A councillor since February 2013, Ms Katharina Pillay, is yet to be listed.
Parliamentary questions asked of the Minister of Communications have not been answered and explanations from the chairman of ICASA, Dr Stephen Mncube at parliamentary portfolio committee meetings this year have been unsatisfactory.
Issues that must have been discussed at council meetings in the latter half this year include the R75 million settlement with WBS which owed ICASA R113million in unpaid licence fees, and the much delayed granting of a broadcasting licence to subscription-based sports channel Siyaya TV.
The amendment to the ICASA Act that obligates the independent regulator to make public its decisions and the reasons for them was a much-heralded move to ensure transparency of its decisions to assure the public of its independence in its efforts to promote much needed market competition.
ICASA's reluctance to post its minutes, despite parliamentary process and media pressure to do so, raises concerns about who is influencing the council's decisions and whether its processes are robust. As a Chapter Nine institution, it must act with vigour to assert its independence of state and commercial pressure.
Statement issued by Marian Shinn, DA Shadow Minister of Telecommunications and Postal Services, December 11 2014
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