ATC200715: Report of the Portfolio Committee on Communications on the draft notice determining the remuneration of councillors of the Independent Communications Authority of South Africa (ICASA), dated 14 July 2020

Communications and Digital Technologies

Report of the Portfolio Committee on Communications on the draft notice determining the remuneration of councillors of the Independent Communications Authority of South Africa (ICASA), dated 14 July 2020

 

The Portfolio Committee on Communications, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including Councillors of the Independent Communications Authority of South Africa, reports as follows:

 

1. A letter, dated 26 March 2020, was received from the President of the Republic, requesting the Assembly to consider the draft notice of his determination of the salaries and allowances of members of various institutions, including Councillors of the Independent Communications Authority of South Africa in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014).
2. On 8 April 2020 and again on 30 June 2020, the matter was referred to the Committee for consideration and report.
3. Section 219(5) of the Constitution of the Republic of South Africa, 1996, provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the broadcasting authority referred to in section 192 of the Constitution.

4.   The Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.   Section 10 of the Independent Communications Authority of South Africa Act, 2000 (Act  No. 13 of 2000) dictates that: Salary, allowances and benefits of councillors of Council.—(1) The chairperson and other councillors are entitled to the salary, allowances and benefits—

(a) as determined by the President, from time to time, by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission; and

(b) approved by the National Assembly in terms of subsection (5)[1].

6.   Currently, the Chairperson and other Councillors earn above R1.5 million per annum.

7.   The Independent Commission for Public Office Bearers gazetted its recommendations on 13 February 2020 (GG No. 43019, 13 February 2020), having consulted with the institutions concerned and the relevant Minsters to better understand the remuneration of office-bearers in the various independent constitutional institutions, as well as related concerns and challenges. Pending a major salary review, the Independent Commission recommended that the office-bearers be treated in line with other public office-bearers receiving:

• A 3% adjustment to the remuneration of all categories of public office bearers earning above R1 500 000; and
• 4% for all categories earning below R1 500 000.

1. Having taken into account the serious economic challenges that the country faces and the constrained fiscal environment, the President, however, has proposed:

• A salary-freeze for office-bearers earning R1.5 million and above.
• A 2.8% adjustment for office-bearers earning between R1 million and R1.5 million.
• A 4.5% adjustment for office-bearers earning below R1 million.

Recommendation

1. The Committee, having concurred with the President’s determination on the remuneration adjustment of ICASA Councilors that a salary freeze of 0% for the Chairperson and other Councillors be implemented, recommends that the National Assembly approve the draft notice determining the remuneration of Councillors of the Independent Communications Authority of South Africa (ICASA).

 

Report to be considered.

 

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[1] Section (5) (a) A notice issued under subsection (1) (a) shall be submitted to the National Assembly for approval before publication thereof. (b) The National Assembly shall, by resolution—

(i) approve the notice, whether in whole or in part; or

(ii) disapprove the notice.