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Date : 03/11/2005
Source: Department of Communications
Title: Padayachie: ICASA Amendment Bill Second Reading Debate


  Second Reading Debate, Independent Communications Authority of South Africa Amendment Bill Deputy Minister of Communications Radhakrishna L Padayachie in the House of the Assembly

Madam Speaker, Honourable Members

The Independent Communications Authority of South Africa (ICASA) Amendment Bill is a direct outcome of the Electronic Communications Bill. Because of the wide-ranging implications of the latter, this Bill amends some and inserts new definitions while determining, in far greater detail, the functions of ICASA.

It consolidates certain powers and duties of the body and provides for inquiries. It amends the procedure for appointments and removals of councillors and regulates the financing of the institution. It further provides for the establishment of a formal complaints organ, for the appointment of inspectors, for the creation of new offences and penalties, for the incorporation of the Postal Regulator into ICASA, and for all connected matters thereto.

It highlights the importance and need for an independent and proactive regulator and will ensure equity in the nformation and ommunication technology (ICT) sector. As with all of our work, it will also promote the well-being of the marginalised and disadvantaged and ensure independence from political, commercial and civil interference in decision making of the regulator.

It strengthens the financial resources of the institution and sets about, in very specific terms, how the Icasa will now function within a vastly improved framework with powers of enforcement.

Section 192 of the Constitution provides that, “national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing the South African society.” The proposed legislation as it is crafted gives expression to this principle. There is however the tendency of some to equate this authority to the other prescribed institutions cited in Chapter nine that promotes constitutional democracy illustrating the need for greater constitutional clarity with respect to the Chapter nine institutions with specific reference to the Broadcasting authority.

The Bill makes provision for the following issues that seek to create a dynamic regulator that can meet the challenges presented by this progressive sector. Firstly it creates a Complaints and Compliance Committee within ICASA, with extensive provisions on its functioning that will focus on complaints and ensuring compliance. The functions of ICASA are increased in line with the converged environment. These functions include a right to conduct inquiries to achieve the objects of the Bill and other laws governing this sector. The Council is extended from seven to nine councillors and will forthwith be appointed by the Minister, following approval by the National Assembly and a selection process administered by an impartial selection panel appointed by the National Assembly.

A performance management process is created to ensure that the Council performs at its peak in order to achieve our developmental goals through ICTs. The Postal Regulator currently within the Department of Communications is repositioned and merged with ICASA to cater for independence of postal regulation in these dynamic times where the Post Office positions itself in the ICT environment going well beyond just the basic letter service. The Bill paves the way for a notable, distinguished regulator.

Madam Speaker, there also needs to be patriotic fervour in all aspects of our life and this bill charges ICASA with the task of instilling and deepening this sense of patriotism. From the children in the rural areas that will soon have assess to internet technology or even telephones for that matter to the Chief Executive Officers (CEOs) of national and multi-national companies, a new sense of understanding, excitement and hope must course through their veins as a direct result of the work carried out by ICASA.

As indicated earlier, the Electronic Communications Bill is designed to form an essential link between the first and second economies. The ICASA Amendment Bill, however, is the one largely responsible for effecting this strategy and ensuring there is sufficient scope for growth and development as well as having socio-economic benefit for all our people and not just a few. The Bill envisages that the Regulator will play its role to bring tangible results from the grassroots to the boardroom.

It was pleasing to note that substantive consensus was reached among all parties who realised the critical role ICASA will play in new developments.

I wish to express my appreciation for the collectivity and manner in which the leadership in the Department has worked to advance the Bill. In particular for the guidance and support of the Minister Madame Ivy Matsepe-Casaburri with whom I have enjoyed a long standing comradeship since our days of activism in the education field.

I also wish to express my appreciation for the diligent work undertaken by the Members of the Portfolio Committee who on more than two occasions during the deliberations burnt the midnight oil. I am sure South Africa is proud of your efforts.

I thank you.

Issued by: Department of Communications
3 November 2005
   

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