ICASA Board Interviews

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Communications and Digital Technologies

19 November 2021
Chairperson: Mr B Maneli
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Meeting Summary

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The Portfolio Committee on Communications met virtually to resume its interviews to fill four vacancies on the ICASA Council. Seven candidates were interviewed: Ms Nokwanda Mthenjwa, Mr Mpho Tsedu, Ms Thabisa Faye, Mr Leon Louw, Ms Palesa Legoze, Dr Pulane Molokwane, Ms Nthombisza Sithole and the eighth candidate withdrew.


 

Meeting report

For each interview, the Chairperson welcomed the candidate and explained the interview process. He introduced the Members and asked the candidate to provide a brief introduction  to the Committee. At the end of each interview, the Chairperson asked the candidate to make final remarks, explained the selection process going forward.
Note: The responses to the questions are available on the audio.

Candidate 1: Ms Nokwanda Mthenjwa
Ms A Mthembu (ANC) asked the candidate to elaborate on the ICASA mandate. She asked what the candidate wanted to do to assist ICASA, if appointed.

Ms Z Majozi (IFP) referred to the Consumer Protection Act. ICASA acts as the watchdog of telecommunications and broadcasting. There are also complaints from consumers about broadcasting, production and pricing and so on. If appointed, what expertise would the candidate bring to resolve such complaints to satisfy the consumer while ensuring adherence to ICASA’s mandate?

Mr Z Mbhele (DA) asked the candidate to expand on her academic qualifications and work experience which speak directly to the telecoms and broadcasting sectors and more specifically ICASA’s regulatory and licensing mandate.

Mr T Gumbu (ANC) asked the candidate what areas of speciality she would bring to ICASA. He asked the candidate to explain how the release of the spectrum would help in the transformation of the sector.

Mr L Molala (ANC) said ICASA as the regulator is expected to work with government and the industry. He asked the candidate to indicate her knowledge of this interface as each and every component had its own interests in the process. How would ICASA go about not being captured by either government or the industry? There is currently a debate on data price regulation. How would the release of spectrum help in this national debate on data price regulation?

The Chairperson said that the candidate spoke about the release of the spectrum in a way that indicated she understood it benefitting different groupings and in particular, the previously disadvantaged. He asked about WOAN and if this was the best instrument available? Are there any limitations and how could this be addressed to effect real transformation?

On data price reduction and the time bound approach which the candidate mentioned previously, what could the Competition Commission do based on the ideas the candidate had.

Candidate 2: Mr Mpho Tsedu
Ms Mthembu asked why the candidate wanted to be a part of the ICASA Council and how he could uplift and strengthen the organisation to deal with its challenges?

Ms Majozi said there are complaints from consumers about broadcasting, production and pricing and so on. How would the candidate change the situation for people in rural communities? On the release of spectrum, what role would the candidate play to ensure the release of spectrum is fair for SMMEs given the big players in the industry? What expertise would the candidate bring to the Council?

Mr Gumbu asked the candidate what areas of speciality she would bring to ICASA. How would ICASA’s release of spectrum influence the delivery of its mandate?

Mr Mbhele said ICASA has recently been beset by tensions between the regulator and operators which resulted in litigation on the temporary take-back of spectrum allocation. There are also complaints about bottlenecks, delays, slow feedback and licensing for smaller broadcasters. He asked for the candidate's analysis of these chronic challenges. How would the candidate propose collaboration and engagement could be improved between stakeholders and role players to minimise and mitigate potential conflicts?

Mr Molala asked for the candidate’s opinion on Netflix and WhatsApp in the context of regulation and paying tax to the fiscus as it has been a very challenging task to regulate these institutions.

How would the candidate ensure that big players do not intimidate and manage regulators as there needs to be investors, but also community development. How can this be balanced in line with government policies?

The Chairperson asked how rural communities could be empowered. Did the candidate think that the current regulations advanced this? He asked about Wireless Open Access Network (WOAN) and whether this was the best instrument available? Are there limitations and how could this be addressed to effect real transformation in the digital economy?

On data cost reduction and what the legislation provides ICASA, what would the candidate suggest could be reviewed in the regulations?

Candidate 3: Ms Thabisa Faye
Ms Mthembu asked the candidate what she would like ICASA to achieve during her tenure, if appointed. She asked why the candidate wanted to be a part of ICASA.

Ms Z Majozi (IFP) referred to the Consumer Protection Act. ICASA acts as the watchdog of telecommunications and broadcasting. There are also complaints from consumers about broadcasting, production and pricing and so on. If appointed, what expertise would the candidate bring to resolve such complaints to satisfy the consumer while ensuring adherence to ICASA’s mandate?

Mr Gumbu asked the candidate what areas of speciality she would bring to ICASA. He asked the candidate to speak more on her experience in the ICT sector given that she had been in the sector for ten years.

Mr Mbhele asked the candidate to expand on her experience in the sector over several years working on policy and regulatory oriented projects. What is her high-level strategic analysis and what would she lay out as a framework to improve performance within ICASA – given her comment that ICASA was having somewhat of a brain drain and there was insufficient collaboration and stakeholder engagement. The Council Chairperson also mentioned that ICASA was experiencing major resource constraints. What is the candidate’s strategic analysis of the weaknesses, opportunities and the way forward for ICASA?

Mr Molala noted the contradicting interests of promoting competition in the market, ICASA's independence and newcomers' demands to be included while the industry demanded profits. How could these contradicting interests be managed? ICASA would soon be auctioning the licensing of the spectrum. What is the candidate's view on licensing of the spectrum in relation to highest and lowest bidders?

Candidate 4: Mr Leon Louw
Ms Mthembu asked the candidate why he wanted to be a part of the ICASA Council.

Ms Majozi referred to the Consumer Protection Act. ICASA acts as a watchdog for telecommunications and broadcasting. There are complaints from consumers about broadcasting, production and pricing and so on. If appointed, what expertise would the candidate bring to resolve such complaints.

Mr Gumbu asked the candidate what areas of speciality he would bring to ICASA. He asked the candidate to speak more on his experience and knowledge would make him fit to work in the regulatory environment.

Mr Mbhele asked for the candidate's analysis, insights and proposals was on how ICASA, through its regulatory and licensing mandate in telecoms and broadcasting, could promote and facilitate more competition for the benefit of consumers and remove the hurdles and barriers. As an example, he had received a stream of complaints from small operators who were hampered by delays, bottlenecks and slow feedback in getting licensing for all kinds of electronic devices from the Authority.

Mr Molala said the candidate raised something very important, the consumer-centric approach. He asked the candidate to speak about this in the South African context given the challenges of  unemployment, poverty and inequality and the fact that some people do not have the means to consume.

There are media syndicates in South Africa who dominate and control the environment. If appointed, what would he suggest the regulator does to ensure they do not monopolise the system and act unfairly toward the poor.

The Chairperson asked if the candidate was involved in creating documents about the spectrum release. He asked for clarity on transformation and the different views and responses to the policy directive. How should it be addressed? Does using competition and a consumer-centric approach effect transformation? How can transformation be effected in this context?

Candidate 5: Ms Palesa Legoze
Ms Mthembu asked the candidate what she would like ICASA to achieve during her tenure, if appointed, to strengthen and uplift the entity to easily deal with its challenges going forward. She asked why the candidate wanted to be a part of ICASA.

Ms Majozi referred to the Consumer Protection Act. ICASA acts as the watchdog of telecommunications and broadcasting. There are also complaints from consumers about broadcasting, production and pricing and so on. If appointed, what expertise would the candidate bring to resolve such complaints to satisfy the consumer while ensuring adherence to ICASA’s mandate?

Mr Gumbu said the high demand spectrum would be released soon and asked how this would help in the transformation of the sector.

Mr Mbhele asked about universal access and what insights or policy transformation the candidate proposed for the ICT sector and telecoms and broadcasting moving forward. How could economic opportunities be created under the umbrella and scope of the Authority’s mandate on licensing and regulation.

Mr Molala said many critics raised the lack of a competitive regulatory environment. If appointed, what would the candidate propose to ensure entities such as Showmax and Netflix would contribute to the country's fiscus?

He asked about the balance between the poor who did not have the means and consumers and how this could be regulated to be inclusive of all.

The Chairperson asked about the work the candidate was currently doing – given that she applied to another regulator. The obvious question would be, from a point of convergence, does the candidate envision the merger of these regulators as a possibility that could strengthen the regulatory environment? If not, what else could be done to strengthen the regulatory environment, taking into consideration what each of the entities could do.  

He asked what should happen in the current legislative framework for ICASA to be viewed as playing its role to promote competition as indicated by the Competition Commission and the data market enquiry.

Candidate 6: Dr Pulane Molokwane
Ms Mthembu asked the candidate what she would like ICASA to achieve during her tenure, if appointed, to strengthen and uplift it to easily deal with its challenges going forward? She asked why the candidate wanted to be a part of ICASA.

Mr Gumbu said the candidate indicated that she had knowledge on corporate governance and asked her to elaborate on this. If appointed, how would the candidate’s scientific experience and knowledge make her fit into the regulatory environment?

Mr Mbhele asked the candidate to expand on the insights, analysis and perspectives she had on ICASA’s regulatory and licensing mandates as ICASA is about to move into the release of spectrum. This includes ways of innovation in telecoms and broadcasting to create economic opportunities by deploying resources and networks in the sector.

Mr Molala said the candidate spoke about data price regulation. He asked what the candidate proposed to reduce data prices. He asked about media syndicates and those who abuse their ownership and influence over the media at the expense of the larger population of our society. How can this be addressed in the regulatory environment?

The Chairperson asked for clarity on what the candidate proposed in her answer to Mr Molala. He asked how the candidate viewed the release or auctioning of high demand spectrum affecting data prices. 

Candidate 7: Ms Nthombisza Sithole
Ms Mthembu asked the candidate why she wanted to be on the ICASA Council.

Mr Gumbu asked the candidate for her understanding how ICASA influenced the delivery of its mandate? The high demand spectrum will be released soon. How will its release assist in the transformation of the sector?

Mr Mbhele asked how she would contribute to promoting improved collaboration, coordination, synergy and partnership between ICASA and the operators in the telecoms and broadcasting space in a way that maintains the balance between its independence whilst simultaneously fulfilling the need for building an effective partnership.

Mr Molala asked how the candidate would characterise an effective regulator? What would be the principles guiding an effective regulator? He asked the candidate to expand on data services regulations.

The Chairperson noted his questions were already answered in Ms Sithole’s previous response.

Candidate 8: Ms Keletso Lefothane
Ms  Lefothane was on the interview list but was not interviewed.

The Chairperson made brief closing remarks.

The meeting was adjourned. 

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