Thank you, Madam Deputy Speaker. Hon members, on 16 May 2012, a request to consider the appointment of council members to the Independent Communications Authority of South Africa, Icasa, Council was referred to the committee.
We invited nominations from the public and 39 people showed a keen interest in serving as Icasa councillors. On 5, 6 and 7 September 2012 we interviewed 15 candidates in order to make sure that we got five candidates, as per the requirement of the Icasa Act. Because there are three vacancies in Icasa, we have to submit five names to the Minister, so that the Minister can appoint three out of the five, in terms of the relevant Icasa Act, Act No 13 of 2000. As parties we came to the conclusion that we should recommend the five names to the House for consideration, so that these names can be recommended to the Minister for the appointment of three.
I must say that as parties on that portfolio committee we all agreed on three names, but I must also indicate that we differed on two names. The names we, as a committee, are recommending to this House for the Minister, of which three must be appointed, are, firstly, Ms Nomvuyiso Batyi; secondly, Mr Khulile Boqwana; thirdly, Ms Nomonde Gongxeka; fourthly, Mr Manyara Rubben Mohlaloga; and lastly, Ms Katharina Gloria Shirley Pillay.
As I have indicated, there was consensus among the committee members on three of the names, but we could not agree on two of the names. However, I present the five names to the House for consideration, for recommendation to the Minister, in order for him to appoint three, as per the requirement of the Act. Thank you very much.
There was no debate. Question put: That the House recommends to the Minister of Communications that three of the following candidates be appointed to serve on the Council of the Independent Communications Authority of South Africa: Ms Nomvuyiso Batyi, Mr Khulile Boqwana, Ms Nomonde Gongxeka, Mr Manyara Rubben Mohlaloga and Ms Katharina Gloria Shirley Pillay.
Declarations of vote:
Deputy Speaker, the Independent Communications Authority of South Africa, Icasa, is frequently criticised for failing to fulfil its mandate of efficiently regulating the telecommunications and broadcasting sectors to ensure affordable, ubiquitous and high-quality communication services to all South Africans.
It lacks sufficient suitably qualified staff to produce high-calibre, largely technical work promptly. Its council of well-paid full-time councillors is frequently criticised for not adequately providing the regulatory landscape South Africa needs. The council is hindered in its work by not having sufficient councillors with the relevant technical knowledge to properly guide and oversee the work presented to it by an underresourced administration.
Of the five candidates for the Icasa Council presented to this House today, the DA is of the opinion that two candidates will contribute little of value to accelerating the roll-out of the necessary regulations and monitoring the delivery of services. If this House perpetually appoints people with inappropriate skills and scant experience in the environment in which Icasa operates, we are all complicit in the entity's perpetual inability to deliver. How can we call these entities to account before the National Assembly if we are responsible for the inappropriate skills complement in the first place?
The candidates the DA opposes are Ms Nomonde Gongxeka and Mr Manyara Mohlaloga, both of whom are currently ANC cadres in government. Ms Gongxeka is with the SABC and Mr Mohlaloga is with the Department of Communications. And we take a dim view of the career trajectory from public servant to oversight body, as it is an indication of ministerial interference in an entity that should be valued for its independence.
We also maintain that neither of these candidates has the required skills and experience for the job. This is particularly so in the case of Mr Mohlaloga whose career trajectory has been from the ANC Youth League to this House as an MP, and now to the Department of Communications, where his lack of leadership skills led to a delay in the submission of tenders by potential set-top box manufacturers.
The ANC's hard-line approach to the inclusion of these two candidates, at the expense of far better qualified individuals, clearly points to the fact that the ANC still favours cadre deployment and jobs for pals over service delivery. I thank you.
Deputy Speaker, Icasa, as a regulator of the telecommunications industry, is one of the most important drivers for economic growth and job creation in our country.
Unfortunately, the reality is that the institution has not lived up to expectations. It has been criticised for its tardiness with the finalisation of regulations to promote competition in the market and drive cell phone costs down, ensure access to affordable broadband, and a host of other matters for which the regulator is responsible.
The council has also been dragged into political controversies in the past. We can all remember the Vodacom listing in 2009, which raised a number of questions regarding the independence of Icasa as the sector regulator. That was when Vodacom exercised its licence rights agreement to unbundle its shares without the involvement of Icasa and the Minister of Communications. There was a prior agreement in place, but at the last minute Cosatu was uncomfortable. They approached the courts and Icasa somersaulted. Clearly, that was a seriously flawed decision by the regulator, which has raised serious questions about its independence.
South Africa has lost its competitive edge in information and communications technology on the African continent, let alone the rest of the developing world. We can therefore no longer allow them to regard their work as "business as usual". We need dynamic, trustworthy leadership and an Icasa Council that commands respect throughout the industry as an independent body, free from all political and commercial influence, and with the necessary expertise to regulate this sector. An effectively regulated ICT sector could contribute at least 1% to our economic growth.
Good candidates were nominated. Unfortunately, a disconcerting trend of inbred musical chairs has also emerged, and my colleague has referred to that, with friends and colleagues in state-owned entities nominating each other - no doubt with some influence somewhere behind the scenes of ANC MPs, and even the Minister.
Consequently, Cope cannot support all five candidates, but only three who were selected on merit. We cannot support the other two, one of whom is in a senior position in the SABC. We believe she should preferably remain there to ensure that the public broadcaster delivers on its mandate. The other candidate, now a chief director in the Department of Communication and a former ANC MP, could not convince us that he had delivered on his current responsibilities in the department. He was responsible for broadcasting digital migration, local content development, set-top box manufacturing support strategy, etc. [Time expired.] We cannot support that, and we believe that the ANC should stop its interference in Icasa and its appointments. Thank you.
Deputy Speaker, firstly, I would like to state with regard to the Independent Communications Authority of South Africa, Icasa, Council that one of the things that we are aware of is certain skills that are lacking in the council. So, when we conducted the interviews and deliberated on potential names, these were the things that we looked at. There is a lack of skills in the areas of broadcasting, policy and leadership, as well as legal expertise. These five names that have been presented to the House today for approval have these skills. In fact, any of these five candidates would add value to the Icasa Council and would also contribute to strengthening the work of Icasa, and I actually said it could be any of these five candidates.
I want to address something that has been raised here now, and it is the issue that was raised by the hon Kilian and the hon Steyn about apparent political affiliation. I want to say something, and make it very clear to this House and to those that are watching. In the past, this very portfolio committee actually participated in nominating and recommending candidates for other entities, which fall under the Department of Communications. In particular, I want to mention the SABC Board, where opposition members at that time who were in this House were actually nominated. They were actually nominated. [Interjections.] They were opposition members, they were not objected to by the DA, and they took office. I just want to make it clear that it is factually incorrect to say that the two people in question, who they say are political nominees, are being pushed by a certain political party.
It is factually incorrect to come here and say that they have no skills and they would make no contribution whatsoever. In fact, they do possess skills and they would make a contribution. They are not political nominees; they were nominated in their own right and in their own capacity for having the requisite skills to make a contribution to a well-functioning and effective Icasa Council.
I would appeal to the opposition not to use these opportunities to grandstand and try to score political points, but rather to come here to give the actual facts, in this case that all five candidates possess the skills and qualifications. I would appeal to the opposition to change their stance even at this late hour. Thank you very much. [Applause.]
Madam Deputy Speaker, on a point of order: Can I ask if anybody can explain the absence of the Minister of Communications and also the Deputy Minister of Communications?
No. That's out of order. That's not a point of order, please. [Interjections.] That's not a point of order. [Interjections.]
Question agreed to.