Crunch time for ICASA?

Johannesburg, 25 Jan 2007

SA's telecoms regulator will have its performance evaluated by a Parliamentary committee that launched a review of all Chapter Nine entities this week.

The Parliamentary committee, led by former Cabinet minister Kader Asmal, will investigate state-funded bodies, formed under the Constitution, to determine their "effectiveness, efficiency and appropriateness".

The Independent Communications Authority of SA (ICASA) says it welcomes the review, which comes amid doubts surrounding ICASA's ability and capacity to regulate the ICT sector.

However, the regulator would not comment on how it would rate its performance.

"ICASA cannot pre-empt the outcomes of the review," says media relations manager Sekgoela Sekgoela.

Allegations, struggles

In recent times, ICASA has been plagued by allegations of mismanagement of funds, infighting and inefficiency. It has, however, pointed out that it struggles to retain key human resources skills.

At this stage, it is unclear what the terms of the probe would be and what sanctions, if any, will be levelled against underperforming Chapter Nine entities.

Department of Communications spokesman Albi Modise says a review of the institutions will largely be a good thing, as it will give an overview of the challenges ICASA and other institutions face.

Existence questioned

"A lot of things have been said about these institutions and some of them have even had their continued existence questioned. So it will be a useful exercise to review how they are operating, the resources they need and action needed to be taken to improve their efficiency," he says.

The process will also provide an opportunity to review areas where ICASA, and other Chapter Nine institutions, are not fully aligned with constitutional provisions, adds Modise.

Last year, the communications department made a submission to the Constitutional Review Committee, suggesting the appointment of ICASA councillors be streamlined in line with the constitution.

At the time, Parliament was in the process of approving the ICASA Amendment Act, and the appointment of councillors was a contentious issue.

There is no provision in the Constitution that sets out clearly how ICASA councillors ought to be appointed, and such a provision should exist, says the communications department, adding that all other Chapter Nine institutions have established appointment processes.

It is unlikely the Parliamentary committee will start from scratch, Modise notes, as the issue of reviewing Chapter Nine institutions was initially addressed under the leadership of public service and administration minister Geraldine Fraser-Moleketi.

The team that was constituted developed the terms of reference and the plan was to appoint a consulting company to undertake the review process. However, it was decided to conduct the review internally, which led to the formation of the Parliamentary committee led by Asmal.