ATC180327: Report of the Portfolio Committee on Communications on the removal of a Councillor of the Independent Communications Authority of South Africa (ICASA), dated 27 March 2018

Communications and Digital Technologies

Report of the Portfolio Committee on Communications on the removal of a Councillor of the Independent Communications Authority of South Africa (ICASA), dated 27 March 2018

 

The Portfolio Committee on Communications (Committee), having considered the request from the Minister of Communications for the initiation of removal proceedings against an ICASA Councillor, reports as follows:

 

On 7 February 2018, the Committee received a letter from the Minister of Communications informing the National Assembly that the Chairperson of the ICASA Council, Mr Manyaba Rubben Mohlaloga, was convicted on charges of fraud and money laundering on 15 January 2018 and requesting the National Assembly to commence with the process of removing Mr Mohlaloga from office.

 

On 27 February 2018, the Committee resolved to commence with the removal process in terms of section 8 of the Independent Communications Authority of South Africa Act (Act No. 13 of 2000) (“ICASA Act”). Section 8(1)(f) of the ICASA Act provides for the removal of a Councillor who has become disqualified in terms of section 6(1)(j) of the Act which lists the offence of fraud as a disqualification criterion.

 

On 28 February 2018, the Committee invited Mr Mohlaloga to make written representations as to why he should not be removed as Councillor and Council Chairperson of ICASA. Mr Mohlaloga submitted the required written representation via his attorney.

 

On 27 March 2018, the Committee considered the representations that were received from Mr Mohlaloga. The Committee agreed that the purpose of providing an opportunity to make representations was not to debate the merits of the conviction. The Committee accepted that there was a guilty verdict that triggered the removal process. The Committee is not a court of law which has the expertise to determine guilt or innocence. Representations were invited to consider why, despite a conviction, a Councillor should not be removed.

 

In this regard the Committee considered the nature of the fraud, the amount of money involved, the person or entity who suffered the loss and whether collectively these issues created a lack of trust in Mr Mohlaloga.

 

The Committee agrees that the fraud conviction is extremely serious and involves a substantial amount of public money that was meant to be used for the benefit of emerging black farmers. It notes further that the actions occurred at a time when Mr Mohlaloga was serving in Parliament as the Chairperson of the Portfolio Committee on Agriculture. This raises serious concerns in respect of conflict of interest that are relevant and whether the transaction was fraudulent or not.

 

The Committee is of the view, based on the above, that there is a reasonable apprehension that Mr Mohlaloga cannot continue in a position of trust and authority.

 

The Committee finds that Mr Mohlaloga, as a result of his fraud conviction, can be removed in terms of section 8(1)(f) of the ICASA Act and accordingly recommends to the National Assembly that Mr Mohlaloga be removed as a Councillor and Council Chairperson of ICASA in terms of the removal process provided for in section 8(2) of the ICASA Act.

 

Report to be considered.

 

 

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