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Controversy over ICASA nominations

September 24th, 2006 Leave a comment Go to comments

The Minister of Communications has sparked another controversy over her nomination of two Department of Communications officials for appointment to the Independent Communications Authority of South Africa, ICASA.  According to an IOL article, these nominations include a senior manager of telecommunications policy and a chief director in the Department.

Of course the reason for this controversy is that these nominations, coupled with the rejection of candidates regarded by many as ideal candidates in favour of candidates lacking the necessary expertise, are regarded as yet another attempt by the Minister to subvert ICASA’s independence and to give the Minister indirect control over ICASA’s activities.  The need to protect ICASA’s independence prompted President Mbeki to refer another controversial measure, a Bill dealing with the appointment of councillors to ICASA, back to Parliament for reconsideration.

The Minister has been working to increase her influence over ICASA’s processes.  This is highly problematic if you accept a strongly held view that ICASA, as the successor to the old broadcasting regulator, is an institution whose independence from government processes is constitutionally guaranteed.

Another problem is that ICASA is regarded as being a fairly weak regulator in an environment where strong leadership is required to address imbalances of power in the communications industry.  A recent example of where ICASA has failed to step up to the plate was seen in its handling of complaints about Telkom’s ADSL pricing.  ICASA’s chairperson recently came out with the statement that there is insufficient proof that Telkom’s ADSL prices are too high.  This flies in the face of numerous submissions and reports to the contrary.

Without sufficient credibility as a truly independent and empowered regulator, ICASA is going to become a pawn of governement and subject to the whims of those in power.  This won’t bode well for the industry at all.

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