The Proposed ICASA Amendment Bill – A Critique Presenter - Kate Skinner – SOS Coordinator 25 August 2010.

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Presentation transcript:

The Proposed ICASA Amendment Bill – A Critique Presenter - Kate Skinner – SOS Coordinator 25 August 2010

The Proposed ICASA Amendment Bill  Published on 25 June 2010, 30 days for public comment  Introduced to deal with ICASA inefficiencies, slow turn around times etc  Deals with these inefficiencies by extending the Minister’s powers

Need for a policy development process  SOS has been arguing for a comprehensive policy review process before the Bill is introduced.  Lack of a policy process - key issues of funding and lack of capacity ignored.

Some amendments supported  Commitment to ensuring shorter turnaround times etc. should certainly be welcomed but still should be backed up by research and benchmarked against national and international best practice.

Constitutionality concerns  Section 192 provides for the establishment of an independent Broadcasting regulator.  The Broadcasting Act and ICASA Act comprise the legislative framework that gives practical effect to this requirement.  Amendments should not be out of line with the Constitution.

Specific concerns – management of radio frequency spectrum  ICASA’s powers are downgraded from managing same to simply assigning same.  But managing the broadcasting services frequency is an essential and inseparable part of regulating broadcasting.

Specific concerns – Chairperson must perform functions assigned by Minister  The Chairperson effectively becomes an administrative arm of the Minister

Specific concerns – Minister to chair evaluation committee of Councillors  Evaluation committee can potentially remove councillors for non-performance etc.

Specific concerns – ICASA’s CEO to be downgraded to a COO. ICASA will no longer have its own accounting officer  Violates Public Finance Management Act (PFMA) that states that every Constitutional body should have its own accounting officer and that person needs to be the CEO.

Specific concerns – ICASA must establish a Tariff Advisory Council  ICASA already empowered to set up special committees.  The Minister has to agree to the composition of the new Tariff Advisory Council.  The new Tariff Advisory Council will advise both ICASA and the Minister.

Specific concerns – members of the Complaints and Compliance Committee will no longer be appointed soley by ICASA  Now nominated “by the Minister in consultation with the National Assembly” and appointed by ICASA.  Directly undermines ICASA’s institutional independence.

Specific concerns – the CCC no longer plays an advisory role to Council. CCC responsible for findings.  The CCC itself becomes responsible for making findings and issuing orders in place of the ICASA Council.  But this is a role played by ICASA itself.  Entirely unconstitutional.

Some of the critical issues not dealt with:  Lack of capacity and funding.

Thanks and questions