ICASA’s independence to be constitutionally guaranteed?

According to MyADSL, the Constitutional Review Committee has recommended that section 192 of the Constitution be amended to reflect developments in the telecommunications industry.  At present this section refers to a broadcasting authority but with the recent Electronic Communications Act, the playing field has changed and ICASA is now both the broadcasting and telecommunications regulator as the communications regulator.  In other words, convergence has rendered references to a “broadcasting authority” in section 192 has no meaning in contemporary South Africa.

The committee’s report says that section 192 of the constitution refers to a broadcasting authority, while the Electronic Communications Act provides for a “converged??? sector, where the different elements, such as broadcasting and communications, will not easily be differentiated.

Committee chairman Manie Schoeman said submissions had been received from a number of academics who argued for section 192 to be changed because the “converged??? industry rendered irrelevant specific reference in the constitution to a broadcasting authority.

If section 192 was amended, this would involve other consequential amendments that could also see Icasa included in the chapter nine institutions that include the auditor general and the public protector.

He said it made sense to entrench the independence of Icasa in the constitution as it was necessary for the broadcasting authority.

Section 192 falls under Chapter 9 of the Constitution which lists the institutions which have guaranteed independence from other organs of government.  This is particularly important in the context of recent reports of how the minister has been looking to exercise direct control over the appointment of ICASA councillors.  This would give her control over the regulator itself and render it little more than a puppet.  Hardly the strong and independent regulator section 192 anticipated in the context of a broadcasting regulator.

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