ATC230613: Report of the Portfolio Committee on Communications and Digital Technologies on the Draft Notice Determining the Remuneration of Councillors of the Independent Communications Authority of South Africa (ICASA), dated 6 June 2023

Communications and Digital Technologies

[The following report replaces the Report of the Portfolio Committee on Communications and Digital Technologies, which was published on page 4 of the Announcements, Tablings and Committee Reports dated 06 June 2023]

Report of the Portfolio Committee on Communications and Digital Technologies on the Draft Notice Determining the Remuneration of Councillors of the Independent Communications Authority of South Africa (ICASA), dated   6 June 2023

 

The Portfolio Committee on Communications and Digital Technologies, 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 on 26 May 2021, reports as follows:

1. A letter, dated 10 June 2022, 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. In the letter, it is stated that the Independent Commission recommended a three (3) per cent salary increment for all categories of public office bearers including members of the Independent Constitutional Institutions such as ICASA for the financial year 2021/2022.
3. Furthermore, the President of the Republic accepted the Independent Commission’s recommendation.
4. On 13 June 2022, the matter was referred to the Committee for consideration and report on the Draft notice determining the rate, with effect from 1 April 2021, at which salaries, allowances and benefits are payable to the Chairperson and other Councilors 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).
5. 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.

6. 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.

7.   Section 10 of the Independent Communications Authority of South Africa 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).

8. The proposed remuneration level with effect 1 April 2021 of ICASA is follows:

1. As per the Independent Commission recommendation for a 3 per cent salary increment for ICASA Council for the financial year 2021/2022.

Recommendation

The Committee, having concurred with the President’s determination on the remuneration adjustment of ICASA Councilors supports a salary increment of 3 per cent for the Chairperson and other Councillors and duly 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.