ICASA Councillor interviews

Meeting report

Interview procedure
The Chairperson said that the agenda for the meeting was the interview of candidates for the positions of councillor at the Independent Communications Authority of South Africa (ICASA). The Content Advisor, Mr Mbo Maleka, would put forward a list of the possible questions. He invited the Members to make submissions.

Mr M Ndlozi (EFF) observed that the media was present therefore information on possible questions could be leaked, which would compromise the interview process.

Mr R Tseli (ANC) agreed with Mr Ndlozi, and said that the Committee Secretary should ensure that the interviews were arranged in such a way that the first candidate would not be disadvantaged.

Mr Ndlozi also suggested that the candidates should be kept in a secured room before starting the interviews, and that they should be instructed to switch-off their mobile phones.

Ms P Van Damme (DA) agreed with the suggestion of Mr Ndlozi, but said that because it was an open meeting, the media could not be denied access.

Mr Ndlozi observed that the sub-Committee should do everything in its power to ensure that the interview sessions were confidential. Members should not dwell on time constraints, but focus on ensuring that the interview process was up to standard.

The Chairperson said that although the interview session was being recorded for record purposes, it would not be transmitted live. He invited the Content Advisor to inform the Members about the possible questions for the interview.

Mr Maleka said that there were 16 possible questions, with a total of 120 points. These included sections on the background of the candidate, as stated in the curriculum vitae (CV), and tests of the candidates’ understanding of global communication practices, key regulations in the broadcasting sector of South Africa.

Ms Van Damme expressed her pleasure with the content of the questions that had been set, but said that the Members needed to agree that they would not be limited to only those questions.

The Chairperson said that the possible questions were a guide, and the Members could probe each candidate more, based on their answers.

The Chairperson asked Members to be specific when asking questions to ensure that time would not be wasted during the interview sessions. Although six candidates had been shortlisted, only two vacancies were to be filled.

Before the start of each interview, the Chairperson informed each candidate that the panel of five members was a sub-committee of the Portfolio Committee on Communications. It had been given the mandate to interview candidates and report back to the Committee after the interview sessions had been completed. He also outlined the process of the interview.

Candidate Interviews

Candidate 1

Ms Palesa Kadi
Ms Van Damme asked Ms Kadi if she was aware of Section 6 of the ICASA Act, which disqualified anyone who worked under the ICASA Council or its affiliates, to apply for the position of ICASA councillor. Based on her response, would she be willing to resign from the service of Film and Publication Board (FPB) if given the position? She asked her to explain her views on the ‘Data Must Fall’ campaign.

Mr Ndlozi asked Ms Kadi to identify the aspects of the digital media that were regulated and not regulated, and the implications of the regulations. Did she think that over the top (OTT) content in radio, video and media should be regulated? What was her view on the observation that ICASA had been seen to be weak, for instance, on the issue of Africa News Network (ANN7). Should ICASA revoke the licence of ANN7 if it was found to have operated unfairly, because it had been suggested that ANN7 propagated the agenda of the Gupta family?

Mr Tseli (ANC) asked Ms Kadi to share her understanding on Section 4 of the Broadcasting Act of 1999, and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

Ms N Tolashe (ANC) said that ICASA was accountable to Parliament in terms of Section 15 of ICASA Act. However, Act 13 of 2002, Section 6A, empowered the Minister to monitor the performance standards of ICASA councillors (ICs). Based on this, she asked Ms Kadi if both Acts would not result in conflict and stop ICs from reporting to Parliament. Did the Act that empowered ICs to report to the Minister allow them to be independent of Parliament? She was asked to explain the advantages and disadvantages of mobile broadband, which was better between mobile and fixed broadband, and to motivate why she thought that South Africa should subscribe to her choice.

Mr M Kalako (ANC) asked if she thought that ICASA should be independent or a part of the Department of Communication (DOC).

Ms Tolashe followed up by asking if an IC should be independent of the Minister on issues of reporting to the Parliament, in terms of accountability.

The Chairperson asked Ms Kadi if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

Ms Van Damme asked Ms Kadi to state her position on two issues. Should the role of appointing SABC board members be removed from Parliament, and should the FPB pre-classify content?

Refer to the audio for responses


Candidate 2

Mr Linden Petzer
Mr Kalako asked Mr Petzer to state his opinion concerning the complaints lodged about the SABC to ICASA, and if he thought ICASA had fulfilled its role in the way it dealt with the issue. Could ICASA be independent of the Minister, as stated in Section 192 of the ICASA Act?

Ms Tolashe asked Mr Petzer to give his opinion on the accountability of ICASA to Parliament in terms of finance. She asked him to state the advantages and disadvantages of mobile broadband, if he thought that it was better than fixed broadband, and why he thought South Africans should support his choice on the subject.

Mr Tseli asked him to share his understanding on Section 4 of the Broadcasting Act of 1999 and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

Mr Ndlozi asked Mr Petzer to give his opinion on the Multi-Choice monopoly, and if he thought ICASA was not regulating digital media well. Should ICASA withdraw the licence of ANN7 if investigations showed that it had violated the Broadcasting Act? Secondly, he asked him to identify the aspects of the digital media that were regulated and not regulated, and the implications of the regulations. Did he think that over the top (OTT) content in radio, video and media should be regulated?

Ms Van Damme asked the candidate if he was aware of the Section 6 of the ICASA Act which disqualified anyone who worked under the ICASA Council or its agent from applying for the IC position. Based on his reply and CV, she observed that the candidate had a lot of technical qualifications, which was an important criterion for filling the position. She asked for his view on the ‘Data Must Fall’ campaign, and how ICASA should respond to it if he was appointed as an IC.

The Chairperson asked Ms Kadi if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

As a follow-up question, Mr Ndlozi asked Mr Petzer to clarify what he understood by independence in relation to journalism, and if it meant that the licence of a digital media (DM) operator could be withdrawn or the operator sanctioned if it was found to have violated the ICASA Act.

Refer to the audio for responses


Candidate 3

Adv Stephen Kekana

Mr Ndlozi observed that there were criticisms that ICASA lacked clout in its dealings with industry players, and was also weak and indecisive. Based on these observations, he asked for the view of Adv Kekana on Multichoice having a monopoly in the DM sector and the Gupta family being the owner of ANN7, and the insinuation that ANN7 was being used to propagate the Gupta family agenda. He asked him to identify the aspects of DM that were regulated and to state why they were regulated. He further asked him to isolate the aspects that should not be regulated and explain why he thought they should not be regulated. What DM aspects should be regulated that were currently not regulated, and why did they need to be regulated?

Ms Van Damme asked the candidate if he was aware that Section 6 of the ICASA Act listed certain people who could not be appointed as ICs. Based on his response, she asked if any of his family members or business partners had any affiliation with the communication industry. Consequent to his response, no further questions were asked on the subject.

The Chairperson informed the candidate that Members would be interrupted intermittently to perform a Parliamentary activity (voting).

Ms Tolashe highlighted that ICASA was accountable to Parliament in terms of Section 15 of ICASA Act. However, Act 13 of 2002, Section 6A, empowered the Minister to monitor the performance standards of ICASA councillors (ICs). Based on this, she asked him if both Acts would not result in conflict and stop ICs from reporting to Parliament. Did the Act that empowered ICs to report to the Minister allow them to be independent of Parliament? He was asked to explain the advantages and disadvantages of mobile broadband, which was better between mobile and fixed broadband, and to motivate why he thought that South Africa should subscribe to his choice.

Mr Tseli asked him to share his understanding on Section 4 of the Broadcasting Act of 1999 and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

The Chairperson asked Adv Kekana if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

Mr Ndlozi asked Adv Kekana to give clarity on a report that he had abused his wife.

Refer to the audio for responses


Candidate 4

Ms Nomonde Gongxeka
Mr Tseli asked Ms Gongxeka to share her understanding on Section 4 of the Broadcasting Act of 1999 and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

Ms Tolashe highlighted that ICASA was accountable to Parliament in terms of Section 15 of ICASA Act. However, Act 13 of 2002, Section 6A, empowered the Minister to monitor the performance standards of ICASA councillors (ICs). Based on this, she asked her if both Acts would not result in conflict and stop ICs from reporting to Parliament. Did the Act that empowered ICs to report to the Minister allow them to be independent of Parliament? She was asked to explain the advantages and disadvantages of mobile broadband, which was better between mobile and fixed broadband, and to motivate why she thought that South Africa should subscribe to her choice.

Ms Van Damme said that Section 6 of the Act listed people who could serve as an IC, and asked if she, her family or business partners had any affiliation with ICASA. Consequent on her response, she asked her to present her view on the ‘Data Must Fall’ campaign, and how she would handle this issue if she served as an IC.

Mr Ndlozi asked Ms Gongxeka to share her view on criticisms against ICASA that it was weak, lacked capacity and was susceptible to control by the industry. He suggested that ICASA was weak in terms of handling issues, like the disclosure of the ownership of ANN7. Based on this he asked if ICASA should institute its own inquiries, and if ANN7’s license should be withdrawn if it was found to have obtained the licence under false pretense. He further asked what ICASA should do about the dominance of Multichoice in Africa. Should ICASA report to the DoC or the Department of Telecommunications and Postal Services (DTPS) in terms of accountability?

The Chairperson asked her if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

Refer to the audio for responses


Candidate 5

Adv Dimakatso Qocha
Mr Tseli asked Adv Qocha to share her understanding on Section 4 of the Broadcasting Act of 1999 and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

Ms Tolashe remarked that ICASA was accountable to Parliament in terms of Section 15 of ICASA Act. However, Act 13 of 2002, Section 6A, empowered the Minister to monitor the performance standards of ICASA councillors (ICs). Based on this, she asked her if both Acts would not result in conflict and stop ICs from reporting to Parliament. Did the Act that empowered ICs to report to the Minister allow them to be independent of Parliament? She was asked to explain the advantages and disadvantages of mobile broadband, which was better between mobile and fixed broadband, and to motivate why she thought that South Africa should subscribe to her choice.

Ms Van Damme said that the Act specified a list of people who could not work as ICs and ask if Adv Qocha was associated with anyone who was involved in the broadcasting environment. Based on her response, she asked her to clarify if the association of broadcasters where she worked was a voluntary organization. What was her view on the ‘Data Must Fall’ campaign, and what strategy would she use in addressing the issue if she served as an IC.

The Chairperson asked her if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

Mr Kalako asked Adv Qocha to state her opinion on the criticism that ICASA was a weak regulatory body that did not have capacity and allowed itself to be controlled by the industry. He also asked her to explain the relationship between ICASA and the SABC.

Mr Ndlozi observed that there were criticisms that ICASA lacked clout in its dealings with players in the industry, and was also weak and indecisive. Based on these observations, he asked Adv Qocha to state the strategies she would use to address the Multichoice monopoly in the DM sector. Furthermore, would she withdraw the licence of ANN7 if investigations confirmed that the Gupta family was the owner of ANN7 and used it to propagate the family agenda? In her opinion, should ICASA report to the DoC or the DTPS?

Refer to the audio for responses


Candidate 6

Mr Yengwayo Kutta
Ms Van Damme said that the Act specified a list of people who could not work as ICs, and asked if Mr Kutta was associated with anyone who was involved in the broadcasting environment. Based on his response, she further asked Mr Kuttai to state his views on the ‘Data Must Fall’ campaign.

Mr Ndlozi remarked that there were criticisms that ICASA was weak, indecisive and was also been controlled by players in the industry. He asked Mr Kutta to give his opinion on the Multichoice monopoly in the DM sector. Would he revoke the licence of ANN7 if investigations confirmed that Gupta family was the owner of ANN7 and used it to propagate the Gupta family’s agenda? Based on his response, he advised Mr Kutta that he needed to convince Members that he would be able to deal decisively with issues such as the Multichoice monopoly in the DM sector and the allegations that ANN7 had obtained its PAY TV licence under false pretenses, if he were appointed as an IC. He asked him to identify the aspects of DM that were regulated and to state why they were regulated. He further asked him to isolate the aspects that should not be regulated and explain why he thought they should not be regulated. What DM aspects should be regulated that were currently not regulated, and why did they need to be regulated?

Mr Tseli asked Mr Kutta to share his understanding on Section 4 of the Broadcasting Act of 1999 and to explain its weaknesses, as well as the Act that it replaced. What were the functions and responsibilities of ICASA towards the Department of Telecommunication and Postal Services in relation to both the Companies and Electronic Communications Acts?

Ms Tolashe remarked that ICASA was accountable to Parliament in terms of Section 15 of ICASA Act. However, Act 13 of 2002, Section 6A, empowered the Minister to monitor the performance standards of ICASA councillors (ICs). Based on this, she asked him if both Acts would not result in conflict and stop ICs from reporting to Parliament. Did the Act that empowered ICs to report to the Minister allow them to be independent of Parliament? He was asked to explain the advantages and disadvantages of mobile broadband, which was better between mobile and fixed broadband, and to motivate why he thought that South Africa should subscribe to his choice.

Mr Kalako asked Mr Kutta to give his opinion on whether he thought that ICASA should not report to the Minister, because it was also accountable to Parliament on financial matters. What strategies would he employ to stop negative criticisms that ICASA was weak, indecisive and was being controlled by industry players?

As a follow-up question, Mr Ndlozi asked Mr Kutta to confirm the party that had given him the ticket to be a ward councilor, based on his CV.

The Chairperson asked if Members were permitted to ask such questions, since other candidates had not been asked to state their party affiliations.

Mr Tseli said that the candidate had the right to respond if he wanted to.

Mr Ndlozi said that the Committee could find out, but this question was a test to measure the candidate’s capability.

Ms Tolashe said that the candidate’s party affiliation was public knowledge.

Based on his response, Mr Ndlozi asked Mr Kutta to confirm the years that he had served as ward councillor.

The Chairperson asked him if the National Consumer Commission Council, the Complaints Compliance Committee and the Competition Commission complemented each other in regulating information communication technology (ICT) services.

Refer to the audio for responses


Meeting to complete selection process
The Chairperson invited the Members to deliberate on when the sub-committee could finalise the scoring and assessment of candidates. He suggested that the Members could meet after the Committee meeting of the next day, and asked them to also think of an opportune time.

After discussion about the demands of the following day’s Parliamentary session and Members’ commitments, it was agreed that the sub-committee would meet at 1.00pm to complete the process of selecting the candidates for the position of IC.

The Chairperson adjourned the interview session.