Fresh conflict is boiling between the council and management of South Africa’s communications regu-lator, as the regulator pushes ahead with disciplinary action against its suspended CEO.
The disciplinary hearing of suspended Independent Communications Authority of South Africa (Icasa) CEO Jackie Manche begins next week after seven months of legal wrangling, which sources estimate has cost taxpayers at least R300 000 in legal fees.
Icasa suspended Manche on November 24 last year after the disappearance of cash from an Icasa safe and a dispute over vehicle purchases.
Icasa sources told the Mail & Guardian that the investigation into Manche was initially sparked by a complaint of insubordination against her by Icasa councillor Mamodupi Mohlala after the two clashed over an underserviced areas licences (USAL) hearing.
An Icasa staffer claimed that when the regulator appointed an investigator to look into the complaint, Mohlala refused to cooperate.
Icasa spokesperson Jubie Matlou said Manche’s suspension had nothing to do with the USAL hearing, and hinged on alleged violations of the Preferential Procurement Policy Framework Act, the Public Finance Management Act and the Icasa Act.
Matlou said the investigation into Mohlala’s complaint had not been finalised, and that Mohlala had cooperated with the investigation.
The disciplinary action takes place against the backdrop of serious internal divisions over basic governance issues, which has seen 14 senior Icasa management officials resign since January, mainly over alleged council interference in management.
Manche told the M&G shortly after her suspension that the relationship between council and management was strained, and that her attempts to clarify the authority’s lines of responsibility had been hampered by her suspension.
Icasa sources, who agreed to talk on condition of anonymity, said that councillors had met with derision Manche’s bid to resolve divisions in the regulator, by clearly defining roles.
Documents in the M&G’s possession, containing legal correspondence between Minister of Communications Ivy Matsepe-Casaburri, Icasa and Manche, claim Icasa continually postponed Manche’s disciplinary hearing and failed to meet several deadlines to supply her with documents her lawyer required to prepare for the hearing.
In the correspondence Manche alleges that Icasa violated its own management policy by not holding a hearing within a month of her suspension, and says Icasa appointed Routledge Modise Moss Morris Attorneys as its instructing attorneys for her disciplinary hearing despite their involvement in investigating Mohlala’s complaint.
Matlou said that it had been difficult to arrange for all the legal practitioners involved in the disciplinary hearing to be available at the same time, and this had caused the delays. He added that Manche’s lawyer had frequently not been available.
Matlou also insisted that there was no conflict of interest regarding Icasa’s instructing attorney. “Mr Modise was not initially involved in the exchange of documents between Icasa and Ms Manche’s attorneys. He acted as a ‘conduit’ for the purposes of instructing advocate Khoza SC on Icasa’s behalf, because bar rules do not allow for counsel to be appointed directly by a client.”
Manche refused to comment on the disciplinary hearing, but sources at the regulator said the investigation stemmed from conflict between Manche and Mohlala over the allocation of staff members to the USAL hearings road show.
The dispute occurred after a senior finance manager was assigned to help Mohlala on the USAL road shows where potential licensees were making presentations. Realising that Icasa had to make a presentation to Parliament, Manche asked the manager to return to the Johannesburg office to help prepare documents for the presentation.
Mohlala had then overruled Manche, insisting that the manager remain with her on the road show. When Manche stood by her request and the Icasa staffer returned, Mohlala cancelled the entire road show and filed a complaint of insubordination against Manche.
Matlou said that the staff member reported to chief financial officer Bridgette Mohlala and was taking part in the USAL committee as a result of a council resolution. The manager could not be replaced as she was assessing applicants’ business plans and consistency had to be maintained.
Matlou refused to detail the charges Manche faces or how much the legal representation had cost the authority, which, he said, could only be calculated once proceedings had been completed.