Stella cannot dictate to Parliament regarding ICASA appointments

14 July 2020

Note to Editors: Please find attached soundbite by DA Shadow Minister of Communications and Digital Technologies, Phumzile Van Damme MP

At the meeting of the Portfolio Committee of Communications and Digital Technologies this evening, the Democratic Alliance (DA) will push for Minister Stella Ndabeni-Abrahams’s malicious attempt to dictate to Parliament regarding appointments to the Independent Communications Authority of South Africa (ICASA) Council to be rejected.

In a letter reported in the media and seen by the DA addressed to the Speaker of Parliament Thandi Modise, Ndabeni-Abrahams requests to be given permission to fill only some of the vacancies on the ICASA Council because the “proposed candidates do not possess the skills set that would position the regulator to repurpose or position ICASA to effectively execute its mandate.” She provides no information regarding which candidates she intends to appoint and on what basis, and which ones she accuses of lacking the requisite skills.

There will always of course, be better candidates that could serve on the ICASA Council, but in terms of the letter of the law, the current crop of candidates meet the requirements of the Act. Their rejection simply at the whims of a Minister cannot be accepted and could possibly open Parliament to litigation.

The ICASA Act is very clear. As the first step, following an interview process in the Communications and Digital Technologies Portfolio Committee, the National Assembly submits to the Minister a list of suitable candidates at least one and a half times the number of councillors to be appointed. From that list, the Minister recommends back to Parliament candidates she proposes serve on the Council. If Parliament not satisfied with the candidates she has chosen, it may request her to review her recommendation.

At no stage in the ICASA Act is the Minister allowed to reject a list duly approved by Parliament. Moreover, this would go against the constitutional principle that the executive account to Parliament, and not the other way around.

It is an open secret that Ndabeni-Abrahams has been under siege in the ANC over the past year. Perhaps she sees throwing her weight around in this matter, as showing off her power. We would request that she deals with her political dramas at her own time, and not play political football with an important Chapter 9 institution.

We trust that the ANC members of the committee will reject the Minister’s request, and make sure that ICASA is fully staffed in order to deliver on its important mandate and key in the short term, spectrum allocated.

Issued by Phumzile Van Damme, DA Shadow Minister of Communications, Telecommunications and Postal Services, 14 July 2020