A local company has questioned whether councillors of the Independent Communications Authority of SA (ICASA) are allowed to offer their professional services outside the scope of their duties.
Today, Tebogo Khaas, a director at Digital IQ, lodged a complaint with communications minister Ivy Matsepe-Casaburri regarding councillor Mamodupi Mohlala`s representation of the Black IT Forum (BTIF) in two legal matters.
Khaas has also lodged a similar complaint with the Parliamentary Portfolio Committee on Communications, which is responsible for the appointment and assessment of ICASA councillors.
"In the event that an ICASA councillor wishes to do work outside the scope of their responsibilities at ICASA, it is my understanding that they should seek the permission of chairperson of the Parliamentary Portfolio Committee on Communications and the minister," he says.
Khaas insists his complaint has nothing to do with the infighting that is alleged to be taking place at ICASA. The issue came about due to Mohlala`s representation of the BITF as instructing attorney in a labour relations suit against its former GM Cathy Phage, as well as civil suits against Khaas and Nomvula Sigidi, who are BITF members.
Khaas says when he first noted Mohlala`s moonlighting activities as an attorney, he sent a written enquiry to ICASA chairman Paris Mashile on 23 May. In the letter, he asks if Mohlala had ICASA`s written consent. When ICASA failed to respond to the enquiry, Khaas sent a follow-up letter dated 15 June.
He notes that Mohlala`s term of office expires at the end of June, and that he would like for the issue to be attended to before she leaves.
ICASA responds
Mohlala denies having any involvement in Phage`s labour matter lodged with the Commission for Conciliation, Mediation and Arbitration. She also notes that she was on leave from her duties at ICASA on the day she took part in the Khaas and Sigidi matters.
Mohlala also states her directorship in Mohlala Attorneys was disclosed to ICASA and she is not in breach of its code of conduct.
"Whatever activities or actions I undertake during my leave period are solely within my prerogative," she says.
However, a legal expert, who did not want to be named, says Mohlala`s participation is in direct conflict with section six of the ICASA Act.
"A person may not be appointed as a councillor if he or she has a business partner or associate that holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, or has a direct or indirect financial interest in the telecommunications or broadcasting industry," the Act says.
Another legal expert, who also did not want to be named, says there should be major worries regarding the amount of time Mohlala spends on her law firm, and despite the fact that her extra work was disclosed to the ICASA, it should have been revised.
"The telecoms industry is an extremely converged one. It cannot just be assumed because Mohlala provides legal council in her own capacity and is a councillor for ICASA as well that these two arenas do not inextricably connect on some level. There should be a strong stand against this form of conflict of interest."
Mohlala stresses she was in no way remunerated for her involvement in the legal proceedings and that she was only there in association to her capacity as director of Mohlala Attorneys.
Related story:
No crisis, says BITF
Share