Annual Report 2002: adoption; Committee Programme: discussion; ICASA Candidates: shortlisting

Meeting report

COMMUNICATIONS PORTFOLIO COMMITTEE
21 January 2003
ANNUAL REPORT 2002: ADOPTION; COMMITTEE PROGRAMME: DISCUSSION; SHORTLISTING OF ICASA CANDIDATES

Chairperson:

Committee 2002 Annual Report
Letter regarding Filling of Vacant ICASA position (Appendix 1)
Nominations for ICASA councilor position (Appendix 2)
Committee Draft Programme (Appendix 3)

SUMMARY
The Committee's Annual Report was discussed, and a technical amendment was effected. A few items were flagged for possible addition to the Committee's Draft Programme for 2003. A total number of 24 responses were received for the advertised vacancy on the ICASA Board, and four candidates were shortlisted for interviews.

MINUTES
Introduction by the Chairperson
The Chair stated that 2003 marked the beginning of the end of the five-year Parliamentary term, and it is thus a special session because it will probably be the last year that Members would see each other. The Annual Report (see document) indicates that this Committee had met for 42 meetings in total, and had also sat for 250 hours and 23 minutes, yet the Committee could have sat for many more hours if it had processed the Post Office Bill. It is interesting to note that, as indicated in the Annual Report, the Committee spent more time in processing the Electronic Communications and Transactions Bill than any other Bill on its agenda for 2002, despite the level of public appeal generated by the Broadcasting Amendment Bill.

The Committee had also addressed other matters during 2002, and Members were thanked for their contributions throughout the year. The more open and transparent Parliament becomes, the more people would be aware that Members of Parliament did not just spend their time sitting in the House.

This year falls on the eve of the elections, and all political parties would be doing their best to capture the imagination of the electorate, much more so than before. Yet parties should do so in a responsible and calm manner and have to put forward a united front despite their political differences, which is necessary in South Africa in order to achieve reconstruction and development.

Annual Report
The Chair stated that the only amendment that he proposed be made to the Annual Report was the inclusion of the words "and private companies" after "Public Entities" at the beginning of Point 6.3 of the Report. Members have one week within which they may forward any changes they may wish to make to the Report to the Committee Secretary.

Draft Committee Programme
The Chair stated that Parliament would probably be sitting differently this year as it marks the eve of the elections, and Members would have to be doing constituency work. The first piece of legislation which the Committee has to address is the South African Post Office, and it then also has to evaluate the Universal Service Agency (USA) and the work it is has been and is currently doing. It is important that this Committee does this, because these functions fall within its responsibility.

Telkom also had to be looked into, especially with regard to the entry of the Second National Operator (SNO) and the introduction of competition. There is also the Post Bank Bill, the Convergence legislation and the Independent Communications Authority of South Africa (ICASA) Amendment Bill.

Members had to consider the Draft Programme, and any amendments would be effected so that it may be passed at a later date.

Discussion
Ms S Vos (IFP) proposed that during 2003 consumer issues relating to the telecoms sector have to be addressed, and perhaps the consumer bodies could be invited to address this Committee on this matter. This would enable Members to evaluate the available statistics, international rates and the important issue of interaction, so that Members themselves can understand the process by which the current rates are arrived at.

The Chair reminded Ms Vos that ICASA had informed this Committee it would be conducting a study into consumer issues during 2002, and it is hoped that ICASA would be coming back to this Committee on that matter early in 2003, especially with regard to the current telecommunication rates problem. Members were informed that the rates were set on a very conservative basis of half a millions users. ICASA will have to report back to this Committee on this matter.

Mrs A Van Wyk (NNP) expressed her concerns regarding the content of broadcasting on South African television screens, because broadcasters seem to promote violence. The quality of the broadcasting service has to be looked at.

The Chair stated that this matter would be noted for possible consideration at a later stage when the Committee formally considers the Annual Report and Committee Programme. The Film and Publications Board would also have to become involved here, and this Committee has in fact engaged them on a previous occasion. The programming issue as it was not beyond the reach of this Committee.

Ms M Smuts (DP) cautioned against politicians becoming involved in programming policy as there are competent bodies to deal with such matters, such as the Broadcasting Complaints Commission. Involvement in broadcast policy is not one of the functions of this Committee.

The Chair proposed that this matter be discussed further at a later stage when the Committee Programme is finalised, as it is a matter for debate itself.

Ms Smuts stated that this Committee could however function as a platform for the public to voice its concerns.

Mr R Pieterse (ANC) agreed with Ms Smuts and stated further that the problem which would be created was that these regulatory bodies did not know what they were supposed to do when they left to implement the decisions made during their meeting with this Committee. The reason for this was that the various political parties express different views on certain matters. This essentially boiled down to striking a balance between the right of each viewer to choose what s/he wants to watch with the broadcaster's programming policy.

Shortlisting of ICASA candidates

The Chair stated that there was currently a vacancy on the ICASA Board because Mr Neël Smuts had resigned. The Chair received a letter from Dr Ginwala, the Speaker of Parliament, on 28 October 2002 informing him of Mr Smuts' resignation and consequent vacation of office in September 2002. This letter was printed in the 24 October 2002 ATC (see document).

The Committee then advertised the position in a number of newspapers with a national reach, and this advertisement complied with the requirements stipulated in the ICASA Act. Section 5 in Chapter 2 of the ICASA Act is of particular importance here with regard to public participation, transparency and shortlisting of candidates. All the other aspects of the ICASA Act have also been complied with.

A total of 24 responses were received, with two additional responses. Section 7 of the ICASA Act is also important as it deals with the term of office of councilors and it therefore had to be borne in mind, because the term of office of the person applying for the filling of the vacancy may be varied by this Committee via Section 9(2)(b) of the ICASA Act. As it currently stands Mr Smuts' term of office was scheduled to come to an end in July 2004, and Section 9(2)(b) could therefore be used to alter the term of office of the new councilor. All the other provisions of the ICASA Act apply, but Sections 7 and 9 are of particular importance.

Members were requested to provide the names of their candidates of choice from the list of nominations (see document).

Discussion
Ms Vos suggested that it should be necessary to conduct a large number of interviews, and that four or a maximum of five candidates should be interviewed. She stated that the IFP would like to shortlist the following candidates:

Ms N Mtsweni (ANC) stated that a reasonable number of candidates have to be selected for interviews, and a maximum of five should be shortlisted. The ANC shortlists:

Nominee Nomination made by

3. Dr Bonke Dumisa Imvo Technologies & Systems (Pty) LTD

9. Mr ST Mofokeng Mr J Tsotetsi

Ms Smuts stated that the following candidates should be interviewed:

Nominee Nomination made by

14. Ms T Cohen NAB & Link Center
15. Mr G Petrick NAB
21. Mr AHA Karrim Mpho Mosimane

Mr V Gore (DP) agreed with Ms Smuts, and wished to add the following candidate to the DP's list:

Nominee Nomination made by

3. Dr Bonke Dumisa Imvo Technologies & Systems (Pty) LTD

Mrs Van Wyk stated that the NNP wished to place the following candidates on the shortlist:

Nominee Nomination made by

3. Dr Bonke Dumisa Imvo Technologies & Systems (Pty) LTD

Mr S Abram (UDM) stated that he would shortlist those candidates which have been the most popular choice amongst his colleagues in the Committee:

Nominee Nomination made by

3. Dr Bonke Dumisa Imvo Technologies & Systems (Pty) LTD

The Chair noted that those candidates that have not found favour are the following:

Nominee Nomination made by

3. Dr Bonke Dumisa Imvo Technologies & Systems (Pty) LTD

9. Mr ST Mofokeng Mr J Tsotetsi

12. Mr RB Nicol Mr K Nicol
19. Ms I Wilken SA National Consumer Union

Ms Vos stated that the IFP would be prepared to withdraw the following candidate: