ATC180529: Report of the Portfolio Committee on Communications on the removal of the Chairperson of the Independent Communications Authority of South Africa (ICASA), dated 29 May 2018

Communications and Digital Technologies

Report of the Portfolio Committee on Communications on the removal of the Chairperson of the Independent Communications Authority of South Africa (ICASA), dated 29 May 2018
 

The Portfolio Committee on Communications (Committee), having further considered its recommendation on the removal of the Chairperson of the Independent Communications Authority of South Africa, 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, the 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.

 

On 24 April 2018, the National Assembly resolved to refer the matter back to the Committee for further consideration and report (see National Assembly minutes of 24 April 2018). The Committee met on 29 May 2018 and 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 accordingly recommends that the Minister of Communications must suspend Mr Mohlaloga as a Councillor and Council Chairperson of ICASA, in terms of section 8(3)(b) of the ICASA Act, until such time as the National Assembly finalises the removal process.

 

Report to be considered.

 

 

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