ICASA Council Vacancies: finalisation of Appointment Process

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Communications and Digital Technologies

05 September 2006
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Meeting Summary

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Meeting report

COMMUNICATIONS PORTFOLIO COMMITTEE
05 September 2006
ICASA COUNCIL VACANCIES: FINALISATION OF APPOINTMENT PROCESS

Acting chairperson:
Mr G Oliphant (ANC)

Documents handed out:
none

SUMMARY
The Committee had now conducted all the interviews of shortlisted candidates.

The meeting commenced with a discussion on whether two candidates needed to be disqualified; one had kinship with a leading player in the industry, and another had been the subject of allegations which had not been able to be verified. It was agreed that Dr Socikwa was not closely related and that the allegations had been untested, so neither candidate was disqualified at the outset.
E
Each of the political parties submitted their preferred nominees. Comments were made on some nominees. It was preferable to try to reach consensus rather than take a vote. No final decision was made, since the Acting Chairperson ruled that the meeting should be reconvened to allow members to deliberate among themselves on the more contentious candidates. An application to the Chief of Committees would be made for a meeting on 7 September, alternatively 12 September 2006.

MINUTES
The Acting Chairperson summarised that this Committee was required to recommend the appointment of Councillors to fill the five vacancies on the Council of the Independent Communications Authority of South Africa (ICASA). A public nomination process was advertised and fifty eight nominations were received. 20 had been shortlisted, reduced to 19 when one candidate withdrew. The purpose of this meeting was to decide upon the eight candidates to be recommended to the Minister of Communications.

A representative from the  Human Sciences Research Council (HSRC) was present and expressed that HSRC would be happy to assist the Committee by undertaking research projects for them, such as  like impact assessment or feasibility studies.

The Acting Chairperson raised two issues that needed discussion. Dr M Socikwa had a kinship to Carl Socikwa and the Committee would have to consider if she was thereby disqualified from appointment. Certain allegations had been made concerning Ms M Matlala, and although the had attempted to telephone her and the Director General of the Department of Communications to get their comments on the matter he was unsuccessful in making contact.

Ms D Smuts (DA) thanked the Chairperson for raising these issues.

Mr R Pieterse (ANC) and Mr K Khumalo (ANC) commented that there did not appear to be any disqualification in terms of the legislation since Dr Socikwa was not a direct relation of Carl Socikwa.

The Acting Chairperson opened the floor for the parties to present their eight preferred candidates.

Dr P Mulder (FF+) indicated that his party’s selection was based upon the interviews at which it had been represented. His party wished to nominate Dr G Boloka, Adv A Alberts and Ms K Serero-Chiloane.

Ms S Vos (IFP) stated that her party wished to nominate Dr A Barendse, Dr G Boloka, Professor J van Rooyen, Adv A Alberts, Ms K Serero-Chiloane and Dr M Socikwa.

Ms D Smuts (DA) gave her nominations in order of preference. They were Dr A Barendse, Dr G Boloka, Prof. J Van Rooyen, Adv. A Alberts, Ms K Serero-Chiloane, Mr L Ncetezo, Ms D Love and Mr R Nkuna

Adv P Swart (DA) indicated that his order of preference was slightly different, being Dr A Barendse, Ms K Serero–Chiloane, Prof J Van Rooyen, Dr G Boloka, Adv A Alberts, Mr L Ncetezo, Mr R Nkuna and Ms D Love.

The Acting Chairperson called upon the Pan Africanist Congress of Azania (PAC) but no representative of this party was persent.

Mr K Khumalo (ANC) then gave his party’s nominations. He noted that most of their nominated candidates had minimum technical skills in the field of communication. In making their selection, the party had had regard to employment, gender and equality policies of the Constitution of South Africa. The nominations from the ANC, in order of preference, were Mr R Nkuna, Ms M Mohlala, Ms M Matlala, Dr M Socikwa, Prof. J van Rooyen , Ms K Serero-Chiloane. A further three candidates, on whom the ANC was willing to negotiate, were Ms B Ntombela, Dr G Boloka and Dr A Barendse.

Mr V Gore (ID) stated that his party’s nomination, not in order of preference, was Dr A Barendse, Dr G Boloka, Ms K Serero-Chiloane, Mr L Ncetezo, Dr M Socikwa, Ms D Love, Mr R Nkuna and Mr J van Rooyen.

Discussion
Ms Smuts considered some of the ANC’s selection of candidates to be lacking in the skills required. She commented that Dr Barendse, who had invaluable experience as an economic regulator, and therefore could probably assist with pricing and with digitisation of the communication systems, which would be needed for the 2010 World Cup, was not on the top of the ANC list. With further reference to the 2010 World Cup, it was essential to include those with experience in broadcasting and telecommunications such as Prof van Rooyen and Adv Alberts. She wondered why ANC did not consider such key players to be top priority. She was also worried by the number of Departmental nominations on their list as she wondered how well they would work in a team. .

Mr Khumalo responded that the candidates they selected were able and skilled, and very capable of making valuable contributions to the Council. They were reliable and consistent. Mr Nkuna had a Masters degree in public policy and he was also a founder of a Community broadcast station. Ms Ntombela was the Chief Director of postal regulators, Dr Boloka was the Deputy Chair of Media Enterprises.

He had reservations where Dr Barendse was concerned; the reason why he was not higher on the list was that the interview had been conducted face-to-face, and thus had been largely reliant on the curriculum vitae. His availability was of some concern, as the appointment should take place in October 2006. Mr Khumalo suggested they vote on the candidates.

The Acting Chairperson commented that he would prefer to avoid voting. He noted that the Committee would need to know how soon Dr Barendse could be in South Africa; if he indicated that he was only available next June it would be futile to include him as an immediate start was necessary. He reminded the committee that there would no more names added to the list given. He pointed out that it was quite interesting to see that the first nominee in the DA list was the last in the ANC list.

Mr M Mohlalonga (ANC) said he did not have any qualms with voting. His concerns were that the ANC tried to build consensus only to find colleagues voting against them in the House.

Dr P Mulder (FF+) would not like to be “held to ransom”. He emphasised that ICASA needed skilled people to enhance the country’s economy. He said the ANC and DA‘s problems could be political, but that the committee should focus on South Africa’s needs. Dr Barendse’s CV clearly indicated his high competency and Prof van Rooyen had both technical expertise and substantial experience.

Mr R Pieterse (ANC) suggested a five minute break for the ANC to decide on the final member.

Ms S Vos (IFP) commented that, after serving on the committee for 12 years, she was disheartened by ANC comments. She felt that the minority parties needed to go to Parliament to expresses their problems as they were not being listened to. Concerning the candidates, she acknowledged Mr Nkuna’s skills, but was worried about his concept of independence. She considered Ms Matlala lacked ability to foster good working relationships.  She considered Ms Ntombela had insufficient depth of experience and skills.

Mr Khumalo responded to the Acting Chairperson’s comment on placement of names, believing that it was immaterial whether a candidate was placed first or last on the list. It was clear that all parties had agreed upon Dr Barendse, Dr Boloka and Ms Serore-Chiloane, and suggested that consensus be reached on those three, and a vote on the other five candidates.

Adv Swart stated that he also supported Mr Nkuna. He noted that three candidates, being Ms Matlala, Ms Mohlala and Ms Ntombela, appeared only on the ANC list.

Mr M Kholwane (ANC) asked that the Committee devise the approach for selection of the eight names.

Mr Mulder asked how much leeway a party had on the power of voting.

Ms Smuts commented that ICASA had been in trouble ever since the majority vote had come into place. She also commented that the ANC nominees were all departmental people, and she considered their skills had yet to be proven. She was unhappy that Ms Matlala could be included on the list without the allegations having been tested.

Ms L Yengeni (ANC) was concerned about information from undisclosed sources being taken into account.

Mr Khumalo commented on what he termed “the fallacy of retrospective determination”. He commented that the ANC stood by their nominations of Ms Mohlala, Ms Matlala and Mr Nkuna.

Ms M Morutoa (ANC) admonished some of the long serving members of the committee, and requested that they stop undermining the integrity of new members.

Mr Gore said that his party was willing still to negotiate over some names. He felt the Committee should not be hasty in its decision to consider mostly people from industry, but should also consider the academics. It was essential to bear in mind that this was a small industry where skills were limited, and experience could only be gained at a limited number of Departmental or commercial concerns.

The Acting Chairperson commented that the Committee should not look for a perfect solution, but rather search for a best fit. The Committee must look at the skills, strengths and weaknesses that currently existed in ICASA, The Committee should decide if it wanted, for instance, a number of lawyers on the Council. It would also need to discuss the appointed candidates’ packages.

The Acting Chairperson suggested that in the meantime Dr Barendse and others needed to be consulted on their availability.

The Acting Chairperson suggested that the matter be postponed for final decision. An application will be made to the chief of committees to set Thursday 7 September, alternatively Tuesday 12 September 2006.

The meeting was adjourned.

 

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