Interviews of Candidates for the Independent Communications Authority of South Africa (ICASA) Council

Meeting report

Opening and Welcoming Remarks
The Chairperson opened the meeting by welcoming all present. The purpose of that meeting was to interview candidates for the Independent Communications Authority of South Africa (ICASA) Council.

Interviews
The following questions were asked to the candidates:

Candidates were asked to tell the Committee about themselves in relation to their qualifications and work experience.

They were asked to give a brief overview of the history of telecommunications, broadcasting and information and communications technology sectors in South Africa.

Candidates were asked about the effects of privatisation and liberalisation on the local telecommunications, postal and broadcasting sector, and how they would examine the relationship between government, industry and the regulator especially in the new era of convergence.

They were asked if they thought that the policy of “managed liberalisation” has delivered on its objectives of network modernisation, universality and competitiveness.

They were asked to elaborate on the strengths and weakness of the regulator, given the debates around the its funding model and structure. What were the candidates’ views on the often heard criticisms that the regulator is too weak, lacked capacity and is susceptible to industry?
 
It was pointed out that ICASA is technically accountable to Parliament as its funding is approved by the legislature and it has to report to the legislature annually on the implementation of programmes and expenditure of funds in terms of section 15 of the ICASA Act, however, several sections of the founding legislation (ICASA Act as amended) appear to strengthen the Minister of Communication's role against that of the National Assembly. In addition section 6(a) of the ICASA Act makes provision for the Minister in consultation with the National Assembly to establish a Performance Management System to monitor and evaluate the performance of the chairperson and other councillors; however, some people felt that the regulator would now be answerable to the Minister and not Parliament thereby reducing its independence. What were their views were in this regard?

Candidates were asked to elaborate on the advantages and disadvantages of mobile broadband. They were further asked to compare and contrast between mobile and fixed broadband roll-out and explain why the rest of the country should buy into their choice.

Candidates were asked why policy makers should not withhold spectrum from the market since ICASA had clearly stated that the spectrum is to be awarded on a use-it-or-lose-it basis. Was there a specific policy which is in place regarding efficient use of spectrum, e.g. a use-it-or lose-it policy? If so, what are its terms and conditions and is it enforced.

Candidates were asked if they understood the Broadcasting Act, Act No.4 of 1999 and if they knew which Act it had repealed. In addition, they were asked to expand on the weaknesses of the previous Act as well as the existing legislation in light of the Companies Act.

They were asked whether their spouse, partners or associates, held an office or was employed by a company, organisation or other body, corporate or incorporate, which had a direct or indirect financial interest in the affairs of the SABC in the nature contemplated in the Broadcasting Act.

They were asked about the functions and responsibilities of the regulator (ICASA) in relation to broadcasting as per section 4 of the ICASA Act as well as in the Broadcasting Act.

They were asked to explain the difference between the functions of the National Consumer Council (NCC), the Competition Commission and the Regulator's Complaints Compliance Commission and in what ways these bodies complement each other in regulating the ICT sector.

Candidates were asked what should be the funding model of the regulator and the public broadcaster and what mechanism would they put in place to ensure that such a funding model is realised.

They were asked what their view was in terms of the strengths and weaknesses of the regulatory process so far, and what ICASA needed to do to expedite the digital transition.

They were asked what the role of the regulator was in regulating media in the digital environment, and if this environment make the need for regulation less or more important.

Candidates were asked what aspects of digital media were not being regulated that should be regulated and why, and what aspects of digital media were being regulated and should not be.

The Chairperson thanked the candidates for availing themselves for the interviews. They will be contacted soon about the outcomes of the interviews.

The meeting was adjourned.