Election of Chairperson; Communications Legacy Report

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Communications and Digital Technologies

21 August 2019
Chairperson: Mr B Maneli (ANC)
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Meeting Summary

Legacy Reports Fifth Parliament (2014-2019)

Mr Boyce Makhosonke Maneli was elected unopposed as Chairperson.

The Committee Content Advisor briefed the Committee on the Fifth Parliament Committee's Legacy Report and highlighted key issues requiring the Committee’s engagement. The challenges were noted.
• The tight scheduling of parliament during the Fifth Parliament was an inhibiter to the oversight function of the Committee over the Department.
• The SABC Board Inquiry left the entity with a measure of instability, and while the Committee maintained oversight it is important that the other entities are not neglected due to focusing too much on the SABC.
• The progress with digital migration programme.
• Tools of trade were constricted, especially committee support staff.
• There were many changes to the Communications Committee membership, with the Committee having five chairpersons during Fifth Parliament and the Telecommunications Committee having three Chairpersons.
• The need for the effective tracking of recommendations and their implementation by the department.
• The need for study tours and skills capacitation for the Committee Members and staff, to ensure they are informed about global developments and can engage with the technical nature of the sector.

Members discussed challenges and recommendations arising from the Legacy Report such as the tight scheduling of Parliament and the lack of dedicated staff members. The Committee and approved the recruitment of a researcher. The need for a tool that tracks the implementation of the Committee’s recommendations to the Department and the entities was discussed at length. The Committee agreed that workshops on matters such as spectrum, study tours and other skills capacitation initiatives were necessary, particularly for a new Committee functioning in a technical sector. Members were keen to know what legislation would be revived and introduced.

The Committee approved the process for calling for nominations for five new ICASA Council members.

Meeting report

Election of Chairperson
The Committee Secretary said that according to Rule 158 the members of the Committee are required to appoint a Chairperson. Members were requested to state their full names when nominating a member, and to state the full name of the member being nominated. A secondment of that nomination would be required, as well as the acceptance of the nomination by the member nominated. If there is only one nomination, that member will be the Chairperson. In the instance where there is more than one nomination, the Committee would vote by a show of hands.

The Committee Secretary called for nominations.

Ms Z Majozi (IFP) requested to make a complaint on behalf of Ms Van Damme who had not received email notification of this meeting. Perhaps the intention was for Ms Van Damme not to attend the meeting.

The Committee Secretary replied that it was not the intention of the committee staff for any member not to attend the meeting. The Committee Secretary stated that the invitation had been sent via email, and had been posted on the Committee’s WhatsApp group, as well as published in the parliamentary papers.

A Committee staff member clarified that the notification had been sent to Ms Van Damme’s parliament email address, as well as to the Committee’s WhatsApp group as an additional measure to ensure that members are aware of meetings.

The Chairperson again proceeded to call for nominations.

Ms N Khubeka (ANC) nominated Mr Boyce Makhosonke Maneli and Ms A Mthembu (ANC) seconded the nomination.

Mr B Maneli (ANC) accepted the nomination as Chairperson of the Portfolio Committee on Communications.

There were no further nominations.

The Chairperson thanked Members and pledged to work with them and the support staff, as well as collaborate with the Department of Communications, while ensuring the Committee provides rigorous oversight.

Committee Programme
The Chairperson asked if the Members had the draft programme before them. To ensure that Members had all received the same programme, the Chairperson confirmed the meetings of the Committee:
• 27 August 2019: Department of Communications briefing on the state of the reconfiguration of the Department and its entities.
• 2 September 2019: Department of Communications and Department of Telecommunications and Postal Services Quarter 1 performance.
• 10 September 2019: Special Investigating Unit / National Prosecuting Authority briefing on SABC investigations. ICASA briefing on Its National Elections Report.
• 17 September 2019: SABC general strategy briefing and implementation of Public Protector Report, Auditor General and Internal Forensic Audit Reports recommendations.

The Committee adopted the Committee Programme.

The Chairperson apologised for not noting Ms Princess Faku as a new Member of Parliament and committee member.

Mr L Molala (ANC) proposed that the Committee Content Advisor focus on the key strategic areas of the Legacy Report and not provide the historical background. He wanted to know about the challenges and unresolved issues facing the current and previous Committee, and what its recommendations to the Sixth Parliament Committee were. The Chairperson agreed with the proposal.

Fifth Parliament Legacy Report
Mr Mbombo Maleka, Committee Content Advisor, began by referring the Committee to slide 16 and explained what had led to the Committee’s current position. After the 2014 Elections, the President divided the department of communications into two, with one section responsible for overarching communications policy and strategy, and information dissemination; and the other focusing on telecommunications and postal services. The new Department of Communications was born out of the Government Communications Information System (GCIS) and Brand SA which formerly reported to the Presidency, and the Film and Publications Board (FPB), which formerly reported to the Department of Home Affairs. Mr Maleka pointed out how the departments were separated during Fifth Parliament.

Key highlights of the Fifth Parliament Portfolio Committee on Communications were the 2014 SABC inquiry into the qualifications of former Board Chairperson Ms Ellen Tshabalala, after the Committee was made aware that she was not properly qualified to hold the position. Through the inquiry, she was successfully removed from the SABC Board. There was the successful conclusion of the Film and Publications Amendment Bill, which is currently with the Presidency. The Department tabled the Broadcasting Amendment Bill which was subsequently withdrawn by the new Minister. The Committee also established an Ad Hoc Committee to investigate the capability of the SABC Board. The Board was dissolved as a result of the inquiry. A set of recommendations were put forward to the new SABC Board as well as to the Committee to ensure that the public entities would be stabilised. The Chairperson of the ICASA Council was removed after he was found guilty of fraud during his tenure at the Land Bank. The Committee adopted two international agreements: Convention on African Telecommunications and the Final Acts of the Plenipotentiary Conference on the International Telecommunication Union. The Department also tabled the Electronic Communications Amendment Bill, the Postal Services Amendment Bill (2018) and the iKamva National e-Skills Institute Bill before the Committee.       

The challenges identified in the Legacy Report were outlined:
• The tight scheduling of parliament during the Fifth Parliament was an inhibiter to the oversight function of the Committee over the Department. It is important that going forward the Committee adjusts its programming to ensure the Committee can conduct thorough oversight over the Department and its entities.

• The SABC Board Inquiry left the entity with a measure of instability, and while the Committee maintained oversight it is important that the other entities are not neglected as a result of focusing too much on the SABC. It is important to monitor the implementation of the recommendations emanating from that process, bearing in mind the media attention around several other issues including the irregular appointment of employees.

• The progress with digital migration programme. During the Fifth Parliament the Committee had only two joint sittings with the Telecommunications Portfolio Committee. The Committees were not able to convene as often as they would have liked to track progress of digital migration implementation.

• Tools of trade were constricted, especially committee support staff. During the Fifth Parliament to date, the Communications Committee does not have a researcher and the Telecommunications Committee did not have a content advisor. There is a need for a dedicated communications officer and law advisor for the Communications and Telecommunications Committee due to the specialised knowledge of the sector.

• There were many changes to the Communications Committee membership, with for example the Committee having five chairpersons during Fifth Parliament and the Telecommunications Committee having three Chairpersons.

• The need for the effective tracking of recommendations and their implementation by the department.

• The need for study tours and skills capacitation for the Committee Members and staff, to ensure they are informed about global developments and can engage with the technical nature of the sector.

The Legacy Report outlined issues to follow up on during the Sixth Parliament and included the need to monitor the institutional arrangements of the Department, and the impact of legislation that governs the sector. Such monitoring would be necessary because of the new formation of a single Department. The Committee must ensure that the Department is adjusting well to the changes. The Committee was urged to continue to monitor initiatives such as the colloquium on broadcasting policy.

The Legacy Report recommended that the Committee follow up on the Digital Terrestrial Television (DTT) policy, as it is unclear if the policy is still applicable or not, due to opposition by a former Minister. There would be a need for a general review of the sector policies and regulatory and legislative framework by the Committee. The Committee’s oversight on the challenges related to the implementation of the Broadband For All Strategy was stressed. There is a need for ICTS-based tool for the systemised tracking of the Committee’s recommendations, as well as a need for the Department to address the recommendations of the Committee, in order to track which recommendations were responded to.

Going forward the Committee would need to have oversight over the implementation of the Spectrum Policy Directives and engage with ICASA and the Department in ensuring that the spectrum is distributed equitably. The Committee would also have to liaise with Parliament's Office on Institutions Supporting Democracy to ensure that ICASA is well-funded and maintains its independence. The Committee will have to support the Department and all its entities in ensuring that they continue to receive clean audits.

The importance of education, re-education and skills development in the sector was stressed, for not only the staff and the Committee but for the whole country as well; particularly because of the loomingFourth Industrial Revolution. There was a need for youth innovation and youth enterprises in the sector; as well addressing the challenge of gender balance in the ICT sector. Corporate entities should be encouraged to invest in rural locations, as a measure of addressing unemployment and uplifting impoverished communities.

Discussion
The Chairperson and Members thanked Mr Maleka for his informative presentation.

Ms P Faku (ANC) said it gave the Committee insight on what it needs to focus on. She asked about the status of the Bills introduced during the Fifth Parliament which were not completed. She asked if they had been withdrawn. She suggested that the Chairperson write a letter to the Minister about the status of these Bills. She further suggested that the Committee should outline which Bills are a priority. She was aware that the SABC does not have a new Board and asked about the role of the parliamentary committee with regard to this. She requested that the Committee ensure that vacancies for Committee staff are filled urgently. She requested that the outstanding policies be addressed and the departments needing assistance with the conclusion of their policies be provided with such support. She agreed that gender balance is important and that gender balance in the departments should be addressed.

Mr Molala indicated his interest in the tracking of the implementation of the recommendations. He asked Mr Maleka to explain what is needed for the tracking of recommendations so that the Chairperson and the Committee can work on providing what is necessary. He wanted to know how the Committee can obtain a summarised version of its recommendations so that the Committee can track the implementation of those recommendations. He suggested that Mr Maleka work together with the Chairperson in the creation of an ICT tracking device that would be displayed during the Committee meetings.

Mr Molala advised that the change of committee members is not a committee issue, but is rather a party issue, which is beyond the Committee’s control. He emphasised the point about the technical nature of the sector and agreed with the suggestion that education and training be provided to the Committee on developments in the sector.  On spectrum licensing, he would liked to have heard more on how the spectrum will help to grow the economy, create employment and assist communities to develop. He wanted to know how the Department can assist in making sure that the economy grows as fast as possible. He suggested that time be allocated perhaps in a workshop for members to be informed about this aspect of spectrum licensing. Lastly, he observed very few female CEOs at the entities during previous meetings. It is important that the sector not be male dominated and suggested that the tracking device monitor the number of women in the entities. The current programme may need to be amended to reflect the inclusion of the new responsibilities discussed during the meeting.

Ms A Mthembu (ANC) congratulated the new Chairperson on his appointment and supported addressing gender balance as a critical issue to be taken seriously by all departments. She agreed that the study tour is necessary and stated that it is important to visit other countries to be informed about global developments. She raised concerns about the lack of researchers and called for the appointment of researchers to ensure the optimal functioning of the Committee. She asked for clarity on whether the parliamentary law advisors do not assist the parliamentary committees.

Ms Faku also raised concern about the proper functioning of the Committee being affected by the lack of adequate staffing. She asked which Bills have not been passed and reminded the Committee about a workshop which was intended to review the content of the legislation. It is important that the Committee does conduct this workshop. She affirmed the need for study tours. She suggested that the Committee put timeframes in place for the DTT policy.  On the point about education, she stated that only department officials understand the Fourth Industrial Revolution and not the South African public who also need to be educated about it.

Mr T Gumbu (ANC) asked if the change in committee members was as a result of resignations or redeployment. He asked if the oversight visits of several entities by the Committee had any achievements, and, if any, what those achievements were.

The Committee Secretary noted that the current Committee Programme did not reflect any oversight visits. The committee programme is aligned with parliamentary programme and for this short parliamentary term, the Committee would not have the opportunity to conduct oversight visits. In the case of an urgent need for an oversight visit, the Committee may apply to the House Chairperson and the Chief Whip’s office. The application is in most cases approved.

He said the Broadcasting Amendment Bill was referred to the Committee in December 2015 and the Committee received a briefing on the Bill by the Department in March 2016. The Committee was not satisfied with what was contained in the Bill and after numerous consultations at the political level, the Bill was withdrawn by Minister Mokonyane in 2017. The reason for the withdrawal was that there would be a broadcasting policy review. This has already happened. The Bill is yet to be tabled before Parliament.

The Committee Secretary clarified that the SABC does have a Board. The point raised about the change in committee members as mentioned by Mr Maleka was that he wished to highlight the instability caused by the constant changes. A progress report by the SABC on implementation of the SABC Board Inquiry recommendations has been included in the programme.

Mr Maleka responded that the Department would appear before the Committee on 27 August and will provide an update on the Department and its entities. He suggested that the Department be asked what they intend to present to the Committee, so that the Committee is prepared and equipped to consider the Bills that they will be reviving or introducing to Parliament. The Minister will be able to provide an update on the Bills that are currently with the President for signing at the 27 August meeting.

Mr Maleka reminded the Committee that its tenure is five years, and that although it may appear to be a lot of time, the Committee will need to ensure that the programme includes all the entities in the sector and addresses all the issues raised. Despite the challenge of tight programming, the Committee will be required to strike a balance between the issues emanating from Fifth Parliament and the new issues that will arise from Sixth Parliament. He suggested the scheduling of a special session on the Ad Hoc Committee on the SABC Board Inquiry Report where the Committee will evaluate the recommendations directed at the Portfolio Committee. He stated that during Fifth Parliament, the Committee did not adequately respond to those recommendations. He confirmed that the SABC does have a new Board, although there are frequent resignations and it remains unclear what the cause of the resignations is. The Committee’s oversight role includes attempts at addressing the problems, not only at the SABC but also at all the other entities. The sooner the Committee can stabilise the SABC, the sooner the Committee will have more time to address the challenges pertaining to the oversight and study tours. It was suggested that the Chairperson have discussions with the support staff section of Parliament. There is a need for dedicated staff for the Committee as the Legal Section’s capacity is too stretched to have a law advisor dedicated to this Committee. This is the same position with the communications officer.

Mr Maleka reported that the tracking of the implementation of recommendations began with an Excel Spreadsheet called the Dashboard. However it was too haphazard and was not a formal tool. He advised that during the strategic planning that this be finalised. The challenge of acquiring an ICTS tool is that Parliament’s procurement procedures are not complementary to the Committee’s work. The Committee could partner with some sectoral players who have offered to assist. However, with the limited resources of the Committee it is difficult to track the progress on recommendations, despite the invitations extended to departmental and entity parliamentary liaison officers (PLOs) to attend the Committee meetings. There is no system to facilitate the flow of information and updates on the implementation of recommendations to all role players in the sector.

Mr Maleka stated that the change of Committee members is a political issue, and that even at the Department there were numerous acting officials both at the Communications and Telecommunications Departments during the Fifth Parliament. He stated that consistency is needed to build institutional memory. He proposed that the Committee invite specialists in areas such as spectrum to brief the Committee. The lack of scheduled training for the Committee by Parliament this year is a major challenge, particularly because the Committee members are new to the Committee and the sector. He agreed that the balancing of gender in the sector is important for achieving diversity.

Mr Maleka stated that it is important that oversight visits be conducted so that the Committee is aware of the practical implications of the programmes, and to ensure that the Committee is not only considering the department presentations.

A committee staff member provided highlights on oversight visits during the Fifth Parliament. An oversight visit in 2017 looked at the implementation of the broadband programme by Universal Service and Access Agency of South Africa (USAASA) in Mpumalanga. One municipality and some clinics were visited, and committee members observed that almost all the clinics had no connectivity. She would made the report available to Committee members, but she also highlighted that USAASA has had 19 CEOs. She would provide the documentation pertaining to the study tours.

The Chairperson confirmed the adoption of the committee programme and stated that if there is a need for oversight visits, arrangements would be made. It is apparent that there is a need for a strategic workshop for the Committee, and that this should be included in the programme. The Chairperson proposed that the Mr Maleka isolate the matters arising from the Legacy Report. He asked how far the recruitment process for the researcher and law advisor is. He requested the setting of deadlines for the achievement of these recruitments.

Mr Maleka advised that there had been an advert for a researcher in 2018. He had recommended the withdrawal of the advert as the CVs received were from applicants with media and communications backgrounds and not policy and/or telecommunications. The Research Unit is waiting for the new Committee’s approval to advertise the position.The office of the Chairperson was encouraged to communicate the urgency for the researcher recruitment. During the commencement of Fifth Parliament a strategic planning session was held, and the Committee drafted a strategic plan and subsequently formulated annual performance plans. There is some discord between the monitoring and implementation of the strategic plan. The Committee will have to ensure that it is tracking its decisions in this regard.

The Chairperson asked the Committee Secretary to brief the Committee on the ICASA matter.

Independent Communications Authority of South Africa (ICASA) Council vacancies
The Committee Secretary explained that the Committee is responsible for the recommendation of candidates and the appointment of the council members of the Independent Communications Authority of South Africa (ICASA). The removal of the former ICASA Chairperson as a member of the Council by the Committee means there is a vacancy. He explained that advertising the position is intended for the appointment of a council member and not a chairperson. The Speaker of Parliament had indicated that four other council member positions will expire in April 2020 and requested that those vacancies be included in the advertisement for the current vacancy, to avoid disruptions to the continuity of the Council. The Committee may make the decision to advertise five positions with one vacancy requiring immediate occupancy, while the four vacancies will be filled in April 2020. The advert will be discussed at the management committee meeting and will be drafted in consultation with the Chairperson and Legal Services. Thereafter, with the Committee’s approval, the advert should be published by next weekend.

Ms Z Majozi (IFP) asked if the one Council member appointed immediately would serve until April 2020 or would be appointed for four years.

The Committee Secretary replied that all the Council members would be appointed for four years and a chairperson would be appointed for five years. This approach is to ensure continuity of the Council.

Ms N Khubeka (ANC) supported the appointment of the Council members as proposed by the Committee Secretary. She acknowledged Mr Maleka’s concerns about the role that political factors played in the changing of Committee members.

Mr Molala agreed and asked that the advert be made available to the Committee, so that the Committee can be aware of the requirements for the positions in advance. He raised concern about the ICASA Council appointment process, particularly because it appears that the constant appointment of Council members may hinder the process of allowing the Council to work together over a sustained period.

Mr Maleka replied that the Committee does not dictate the duration of the board terms of the entities. He emphasised the active role played by ICASA in the sector and the importance of the Committee’s role in ensuring that the Council has a full complement of members.

The Committee Secretary assured members that they will receive the adverts on the day that they are published.

The Chairperson clarified that the clustering of the recruitment of the Council members was for planning purposes. He confirmed that the Committee has approved the proposed process.

The Committee adopted the minutes of 2 and 9 July 2019.

The meeting was adjourned.

Present

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