The merger of regulatory entities the Independent Communications Authority of South Africa (ICASA) and the Film and Publication Board (FPB) will not be moving ahead.
Communications minister Khumbudzo Ntshavheni revealed this yesterday during her department briefing to Parliament’s Portfolio Committee on Communications.
The Department of Communications and Digital Technologies (DCDT) delegation and its entities were briefing the portfolio committee on 2021/22 third and fourth quarter performance and expenditure reports, including the status of some of the department’s entities.
Responding to ANC MP Lesiba Molala’s question about the merger between ICASA and the FPB, Ntshavheni said: “We are going to Cabinet to review that decision.
“We have engaged with both ICASA and the FPB. We do not think – especially with the new FPB [Amendment] Act enacted (which seeks to transform the entity into a fully-fledged content regulator in the new online environment) – the merger will advance the course of the films and publication; there will be more focus on the work that ICASA does.
“We are not moving towards a merged entity as it comes to ICASA and FPB. We are going to retain the entities but position FPB to deal with the new platforms, the new businesses of content management and media management, beyond what ICASA currently does.
“ICASA has a responsibility to make sure the broadcasting space is sound, as well as digital inclusion of the country. We are working on the two entities as separate.”
As part of regulatory reforms, former DCDT minister Stella Ndabeni-Abrahams unveiled changes for the department’s entities in December 2019, revealing plans to merge ICASA, the FPB and .ZA Domain Name Authority (.ZADNA), to establish a single regulator.
While ICASA regulates SA’s telecoms and broadcast industry, the FPB regulates the creation and distribution of content on public platforms, including social media, and .ZADNA administrates the .za internet namespace.
At the time, the reason behind the merger was said to be in line with reorganising and repurposing the identified state-owned entities into “resilient, self-sustaining and effective agents for delivering services to communities”.
In addition, Ndabeni-Abrahams said the move would eliminate repetition among the three entities.
With the debate around merging ICASA with others, former ICASA chairperson Dr Keabetswe Modimoeng noted that at an organisational level, the process needs to be handled properly so that it does not result in uncertainty.
“It is not very much the merits of the merger or de-merger that we are questioning, but it is the accompanying narrative around this merger,” Modimoeng said at the time. “If we are to merge with other organisations, is the merger the first prize, or should we consider memorandums of incorporation or memorandums of understanding on how can we best work together.”
FPB vacancy challenge
Among the hurdles facing the FPB is the high vacancy rate at the entity, a challenge that DA MP Tsholofelo Motshidi-Bodlani questioned about its effect on day-to-day operations.
Motshidi-Bodlani also wanted to know the progress in regards to the appointment of the FPB’s Appeals Tribunal.
During the presentation, the department’s DDG Omega Shelembe highlighted that among the challenges the FPB faces is the high staff attrition rate and inadequate capacity (supply chain management) contributed towards its declined performance.
According to Shelembe’s presentation, the FBP reported a high vacancy rate of 14% as at 31 March.
Ntshavheni told the MPs that the matter of the appointment of the FPB Appeals Tribunal will soon go to Cabinet.
“The issue was that the first advertisement went out but the quality of the applications was very poor, so we had to re-advertise the positions and then set up a process of evaluating the candidates, to make the recommendations to Cabinet.”
About the high rate of vacancies at FPB, acting CEO Dr Mashilo Boloka states: “The vacancy rate has its origins from the intended decision to merge three regulators. We are waiting for the approval from the minister, subject to the process that she has outlined around consulting Cabinet regarding the future of these entities.
“Once that is done, the moratorium on the appointment of new positions will be lifted and the FPB will be able to bring additional capacity, in line with the new structure to implement the new Act.”
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