Portfolio Committee on Communications

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Portfolio Committee on Communications Overview on Matters Before the Committee as at August, 2016

CONTENTS STATUTORY APPOINTMENTS BILLS OVERSIGHT VISITS PCC STRATEGIC PLAN & APP GOALS

STATUTORY APPOINTMENTS The Committee has a statutory requirement to recommend candidates for appointment to the Board Council of: ICASA Council MDDA Board; and SABC Board

STATUTORY APPOINTMENTS ICASA Council The National Assembly recommends persons for appointment to ICASA Council as per section 5 of ICASA Act 13 of 2000, as amended. ICASA Council consists of 9 Council members. Currently there are 7 Councillors and the Committee is in the process of appointing the other two Councillors. Secretariat (Mr Ngoma) will elaborate on this matter.

STATUTORY APPOINTMENTS MDDA Board According to section 4 of the MDDA Act, the Board of MDDA consists of 9 members. Six members of the Board are appointed by the President of the Republic of South Africa on the recommendation of the National Assembly. The other three members are appointed by the President of whom one must be from commercial print media and another from commercial broadcast media. Currently there is one vacancies in the MDDA Board. Mr Thamsanqa Ntenteni was recommended for appointment to the MDDA Board in June 2015 and was subsequently appointed by the President in the same month. However, it transpired that Mr Ntenteni had a criminal record that disqualified him from being appointed to the MDDA Board. The process of removing Mr Ntenteni from the Board is currently underway and the Committee awaits a legal opinion from Parliamentary Legal and Constitutional Development on how to best proceed with the removal. Mr Jabulani Bloce’s term ended in (June) and the matter has been forwarded to the Committee for appointment of a replacement

STATUTORY APPOINTMENTS SABC Board The SABC Board consists of 12 non-executive members appointed by the President of the Republic of South Africa on the advice of the National Assembly, and three executive members (Chief Executive Officer, Chief Financial Officer and Chief Operations Officer). In total, the SABC Board consists of 15 members. Currently there are three vacancies in the SABC Board that has been referred to the Committee. The Committee had advertised the call for persons to be nominated to fill the three vacancies in 2015 . The Committee was not satisfied with the persons nominated and resolved to restart the process. Secretariat (Mr Ngoma) will elaborate on this matter

STATUTORY APPOINTMENTS BILLS FILMS AND PUBLICATIONS AMENDMENT BILL The Committee received briefings on the Bill in March 2016. The Committee advertised a call for public comment and the closing date was extended to 26 May 2016. A total of 32 submissions were officially received by the Secretariat. The Committee shall endeavour to conduct public hearings from 30 August 2016 to 01 September 2016. Deliberations on this Bill are set to be conducted on the 21-22 September 2016.

STATUTORY APPOINTMENTS BILLS BROADCASTING AMENDMENT BILL The Committee received briefings on the Bill in March 2016. The Department and the Parliamentary Legal and Constitutional Development made further presentations on the Bill on whether it has met all the constitutional requirements of law making and on whether the Bill was sub judice as there is a matter before courts between the Minister of Communications and others in relation to the removal of certain Board members. The Committee debated to satisfactory following opinions as presented by (i) Parliamentary Legal Services; (ii) the Department; and (iii) the State Law Adviser.

OVERSIGHT VISITS The Committee last undertook on an official oversight programme in 2015. The forthcoming public hearings should be viewed in the context of the Committtees’ oversight programme; however The Committee should embark on an oversight programme independent of the public hearings in order to Adhere to the Strategic Plan and APP of the PCC To continue to benchmark reporting the Department based on first-hand evidenced as witnessed by the Committee during oversights Based on the fact that the PCC did not conduct an oversight due to a tight parliamentary programme, it is imperative that the Committee during the Fourth (4th) Term, undertakes at-least one oversight visit in order to adhere to its constitutional mandate

PCC STRATEGIC PLAN & APP GOALS The Committee has not adopted an APP for the 2016/17 financial years The Secretariat is currently finalizing the revisions of the APP These will be circulated to members for further review with the hope that the Committee’s Fourth (4th) Term programme will dedicate time to finalizing the APP for this financial year.