A parliamentary committee has approved draft legislative changes that boost the legislature’s role, and lessens that of the executive, in the appointment of the Independent Communications Authority of South Africa (Icasa) council.
The amendments were approved by the communications portfolio committee this week, and will now be tabled in Parliament for consideration.
A previously amended Icasa Bill was sent back to Parliament by President Thabo Mbeki for the redrafting of suspected unconstitutional provisions.
The latest version of the Bill requires the National Assembly’s approval for the Communications Minister’s appointment of the body’s nine-member council.
No such approval, or even consultation, was required in the older version.
The new Bill allows for public participation in the nomination process, transparency and openness, and the publication of a shortlist of candidates for appointment.
Past versions allowed the minister to appoint an ”independent and impartial panel” of five to make recommendations on appointments.
The panel would have invited the public to nominate candidates and then submit a list of suitable candidates to the minister. The minister could ask the panel to review its recommendations.
On the latest draft, the National Assembly had to submit a list of suitable candidates to the minister. It may invite technical experts to assist in the selection.
The minister must tell the legislature whom he or she proposed to appoint from the list. If the National Assembly was not satisfied, it could request the minister to review the decision. Only after the National Assembly ‘s approval may the minister give notice of council appointments in the Government Gazette.
The new draft also compels the minister to consult the National Assembly in establishing a performance management system for council members.
The evaluation must be conducted by a panel constituted by the minister in consultation with the legislature. The panel must submit a report on the evaluation to the National Assembly. There was previously no provision for Parliament’s involvement in the performance management system.
The Freedom of Expression Institute last month welcomed Mbeki’s refusal to sign the previous version of the Bill into law, saying it would have violated Icasa’s independence.
Icasa is responsible for the regulation of broadcasting and telecommunications services in South Africa. – Sapa