1. 1 A global leader in the development and use of Information and Communication Technologies for socio-economic development Performance Management System for the Chairperson and other Councillors of ICASA 25 April 2012 Presentation to the Select Committee on Labour and Public Enterprises on the:

2. 2 A global leader in the development and use of Information and Communication Technologies for socio-economic development DoC Team Mr Norman Munzhelele: CD: ICT Policy Development Ms Mameetse Mphahlele: CD: Economic Policy Development

3. 3 TABLE OF CONTENTS Introduction Key principles considered in developing the Performance Management System (PMS) for the Chairperson and other councillors of ICASA Objectives of the PMS Development of key performance indicators and targets Measuring and evaluating the performance of the ICASA Council Constituting the Evaluation Panel Roles and responsibilities of various role-players in implementing the PMS The next steps A global leader in the development and use of Information and Communication Technologies for socio-economic development

4. 4 INTRODUCTION A global leader in the development and use of Information and Communication Technologies for socio-economic development ICASA Act  Section 6A(1) of the ICASA Act stipulates that:  Minister in consultation with National Assembly must establish a performance management system (PMS)  System must monitor and evaluate the performance of chairperson & other councillors  PMS must set KPIs; measurable targets and set a procedure to measure and review performance at least once a year Guiding Principles & provisions  Constitution of the Republic of South Africa (esp s192)  ICASA Act of 2000 as amended  Broadcasting Act of 1999  Postal Services Act of 1998  Electronic Communications Act of 2005

5. 5 Consideration in developing the PMS A global leader in the development and use of Information and Communication Technologies for socio-economic development Limited resources available to government are used in the manner that achieves desired outcomes r has enough (institutional) capacity ICASA Council operates on principle of collective decision- making he highest welfare impact among the different options 5 Point of departure is recognition of the following fundamental issues Point of departure is recognition of the following fundamental issues As spelled out in the ECA and Postal Services Act e & society ICASA is an independent juristic person aligned with the social and economic reality Centrality of decision-making ICASA’s Mandate Outcomes-based approach Constitutionally independence

6. 6 Objectives of the PMS for the Chairperson and other Councillors of ICASA A global leader in the development and use of Information and Communication Technologies for socio-economic development  Compliance with the provisions of the ICASA Act  National Assembly must ensure that ICASA Council performs accordance with the set goals and targets in an efficient, effective and measurable manner  The PMS is a framework that will be used to monitor and determine if that which is taking place is as planned

7. 7 Development of key performance indicators and targets A global leader in the development and use of Information and Communication Technologies for socio-economic development Outcomes-based approach to guide and measure work of government and other organs of state Eight Strategic Objectives Annual Work-Plan Key Performance Indicators & Targets Individual Performance Agreements

8. 8 Measuring and Evaluating the Performance of the ICASA Council A global leader in the development and use of Information and Communication Technologies for socio-economic development 8 A robust mechanism that evaluates & measures performance is critical if government, the National Assembly and the ICASA Council is to engage more rationally in respect of resource allocation to maximise achievement of outcomes ICASA PMS Alignment with other government cycles Annual Performance Review Compliance and time- frames Link directly with Key Performance Indicators and targets Not deviate from agreed Annual Work-Plan interference Evaluation period linked with Authority’s financial year cycle Individual performance agreements to be concluded by 1 st April of each year Evaluation Panel PMS, performance agreements, strategic plan, financial reports, stakeholder surveys to assess performance Evaluation Report submitted to the National Assembly Monitoring & evaluation

9. 9 Constituting the Evaluation Panel Section 6A(4) requires that the Minister in consultation with the National Assembly constitute a panel to evaluate the performance of the Chairperson and other councillors It is proposed that the Evaluation Panel consist of at least 5 members, one of which must be the designated chairperson The Evaluation Panel must have the necessary skills, knowledge, qualifications and experience to serve on the panel It is proposed that the Evaluation Panel should be constituted in the following manner: A retired High Court Judge; A representative from the Office of the Auditor-General; respected experts from academia; a representative from an organised consumer group and an independent consultant/expert in the electronic communications, broadcasting or postal sector from outside the country A global leader in the development and use of Information and Communication Technologies for socio-economic development

10. 10...Constituting the Evaluation Panel The Evaluation Panel must not have a conflict of interest whilst serving in this capacity The Minister shall, in consultation with the National Assembly, designate one of the nominated members as the chairperson of the Evaluation Panel The Minister shall call for nominations of members of the Evaluation Panel from the public and appoint these members in consultation with the National Assembly A global leader in the development and use of Information and Communication Technologies for socio-economic development

11. 11 Roles and responsibilities of role- players The following parties are deemed critical to the implementation of the PMS for the Chairperson and other Councillors of ICASA and Minister of Communications Chairperson of the ICASA Council The ICASA Council The Evaluation Panel The National Assembly A global leader in the development and use of Information and Communication Technologies for socio-economic development

12. 12 Roles and responsibilities of role- players A global leader in the development and use of Information and Communication Technologies for socio-economic development 12 National Assembly social context Minister of Communications Effective implementation of the Performance Management System for the Chairperson and other Councillors of ICASA requires all role players to idischarge their responsibilities as outlined Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects  Provide oversight role  Approve the nominees to serve on the Evaluation Panel  Consider the Report of the Evaluation Panel following the performance evaluation of all councillors  Make findings that must be given effect to by the Minister  May make recommendations to the ICASA Council on mechanisms to improve performance and ensure that the Authority achieves its objectives  Must put in place a performance management system in consultation with the National Assembly  Enter into performance agreements with the Chairperson and other councillors  Ensure that the Evaluation Panel is constituted  Implement the findings of the National Assembly following consideration of the Evaluation Panel’s report

13. 13 Roles and responsibilities of role- players A global leader in the development and use of Information and Communication Technologies for socio-economic development 13 Chairperson of ICASA ICASA Council All parties to operate within the relevant parameters with appropriate checks and balances being applied through, inter alia, the oversight role of the National Assembly Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects  Provide overall leadership to the Council and manage the activities of councillors  Ensure that the Annual Work-Plan is developed and tabled before the Minister for approval  Ensure that the Annual Work-Plan underpins each councillor’s performance and that there is an equal distribution of work amongst councillors  Councillors must enter into performance agreements with the Minister by 1 st April of each year  Must execute activities aimed at achieving strategic objectives as per the signed performance agreements  Participate and attend the annual performance evaluation meetings  Consider the recommendations made by the Evaluation Panel with regards to performance improvement

14. 14 Roles and responsibilities of role- players A global leader in the development and use of Information and Communication Technologies for socio-economic development 14 Evaluation Panel Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects  Evaluate the performance of all councillors, based on, inter alia, verbal and written submissions made by the ICASA Council  Ensure that the evaluation process is fair, objective and honest  Following the evaluation of councillors, submit a report to the National Assembly within seven (7) working days for consideration  The term of office shall be three years from the date of appointment of each member of the Evaluation Panel.  Members of the Evaluation Panel may at any time, provide written notice to tender their resignation from the panel  Members of the Panel may be re-appointed by the Minister in consultation with the National Assembly  The Minister may, in consultation with the National Assembly, remove a member of the Evaluation Panel from office due to, inter alia, misconduct or inability to perform his or her duties efficiently or effectively

15. 15 Way forward The National Assembly have approved the Performance Management System for the Chairperson and other Councillors of ICASA by the National Assembly in February 2012. The Performance Management System for the Chairperson and other councillors of ICASA has been referred to the NCOP for consideration. Going forward the following will be undertaken to operationalise the system:  Public call for nominations for members of the Evaluation Panel  National Assembly and the Minister to conclude appointment thereof  Minister of Justice and Constitutional Development enlisted for the appointment of a retired High Court Judge  Minister to sign individual performance agreements with all Councillors based on the agreed Annual Work-Plan with clear deliverables and corresponding timeframes for implementation A global leader in the development and use of Information and Communication Technologies for socio-economic development

16. THANK YOU 16 A global leader in the development and use of Information and Communication Technologies for socio-economic development