ICASA Councillor Interviews Day 2

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Communications and Digital Technologies

26 February 2020
Chairperson: Mr B Maneli (ANC)
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Meeting Summary

A sub-committee of the Portfolio Committee interviewed three candidates for a councillor position at the Independent Communications Authority of South Africa (ICASA). The candidates were: Adv Luthando Mkumatela; Ms Sandisiwe Ncemane and Mr Ashraf Patel. As part of the interview, candidates were required to make a presentation on a topic of their choice from a list of topics provided to them by the Committee.
 

Meeting report

Note: Refer to presentation slides and audio for each candidate’s responses to questions.

Interview 10: Adv Luthando Mkumatela
The Chairperson welcomed the candidate, explained the interview process and introduced Committee members. The candidate introduced himself and made a presentation to the Committee.

Ms N Kubheka (ANC) asked the candidate what the biggest difference in approach was between ICASA and the Competition Commission on data pricing regulations and asked how this could be reconciled. She asked what the difference was between the Film and Publication Board (FPB) and ICASA. She referred to the ICASA Information Memorandum and said one of the key objectives of the policy directive on high demand spectrum is to promote and facilitate entry into the market by new players. She asked if the candidate thought the Information Memorandum achieved this and if no, why not and if yes, how does it achieve this.

Ms P Faku (ANC) asked the candidate if given the opportunity, how he would achieve transformation and what his understanding was of the gazetted policy on high demand spectrum.

Ms P Van Damme (DA) asked the candidate what his ideas were on the future of the sector and the big changes that would take place. She asked what the Fourth Industrial Revolution was.

Ms Z Majozi (IFP) asked about a statement he released in 2010 which dealt with the lack of capacity in ICASA, and its licensing and monitoring challenges. She asked how he would fix these issues within ICASA.

Ms Majozi asked about his previous employment and if he had worked at the Centre for Development of the African National Congress in Zambia and when that took place.

Dr M Ndlozi (EFF) stated that the candidate worked for the State Security Agency and asked about his work there. He asked if he was a member of the African National Congress and if this would not affect him if he were placed on the ICASA council in that a minister from the ANC could approach him to direct certain interests. He asked how the candidate would deal with the conflict of interest. Dr Ndlozi asked the candidate if over-the-top (OTT) services should be regulated and what the regulatory mechanisms would be.

Mr L Molala (ANC) asked the candidate about economic transformation and said his presentation identified obstacles to economic transformation but no solutions. He asked the candidate how to ensure that the OTTs complied with South African law. He asked the candidate for his view on convergence.

Mr B Maneli (ANC) asked the candidate about the national roaming arrangement in the sector which was left to operators to deal with. He asked if the candidate thought it was a space to be regulated and how this should be done. What was the candidate's position on the Must Carry Regulations?

Interview 11: Ms Sandisiwe Ncemane
The Chairperson welcomed the candidate, explained the interview process and introduced Committee members. The candidate introduced herself and made a presentation to the Committee.

Ms Van Damme asked for the candidate’s views on the Broadcasting Amendment Bill. One of the amendments was to remove Parliament's role in appointing SABC board members and asked what the candidate thought of this. Ms Van Damme said ICASA was a Chapter 9 institution and therefore should not report to the Minister of Communications, but rather directly to Parliament. She asked what the candidate’s views were on this.

Ms Faku referred to the topics of affordability and access for all which the candidate  mentioned in her presentation and asked for more detail on this. If the candidate is given the opportunity to serve on the ICASA council, what would she change in relation to transformation that needed to take place in the industry. She asked for more information on capability and capacity building of regulators which was mentioned in her presentation.

Mr Molala asked the candidate why she wanted to leave the energy sector as she had much experience in that sector. He referred to universal access and said that in politics it was important to see that those who receive services also have access to the market and that the industry does not only remain central. This meant innovation and development of communities and asked the candidate for her views on this.

Ms Majozi asked the candidate what she understood by the spectrum regulation and its impact in terms of ICASA delivering on policy objectives.

Ms Kubheka asked the candidate why she was leaving the energy sector for the ICT sector. The candidate’s previous response that she was funded by the ICT sector and now wanted to return to it. She asked the candidate about Section 192 of the Constitution as it relates to ICASA. She asked if the candidate’s view was that ICASA could stay in place even while other entities emerged. She asked if the candidate thought the policies were still relevant or needed to be amended.

Mr Maneli asked the candidate what her views are on the Must Carry Regulations and how beneficial this is.

Interview 12: Mr Ashraf Patel
The Chairperson welcomed the candidate, explained the interview process and introduced Committee members. The candidate introduced himself and made a presentation to the Committee.

Ms Faku asked the candidate what he thought were the objectives of the National Integration of ICT. She asked what the candidate would bring on board and what changes he wanted to see. She asked if the candidate was related to Minister Patel.

Ms Majozi asked the candidate what his understanding was of the difference between ICASA and FPB and what expertise he would bring as a councillor about having a coordinated position on the overlapping roles between ICASA and other entities. She asked what the candidate thought of the merger between ICASA and the FPB.

Mr Molala asked the candidate what his view was on the regulating of OTTs.

Ms Kubheka asked the candidate what he would promise to do for the industry in the first 100 days should he be appointed as a councillor. She referred to the Fourth Industrial Revolution and asked if the candidate was convinced about South Africa being able to merge with other countries. She asked what he could do to progress this.

Mr Maneli referred to the points which the candidate raised about spectrum and the dates he mentioned. She asked if he were appointed as a councillor, would he be able to keep to these dates, given where South Africa is at this point and if so, how would this be achieved.

Meeting adjourned.

Present

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