The FXI continues to monitor and lobby around the independence of the communications regulator, the Independent Communications Authority of South Africa (Icasa), including its financial independence, to ensure that it has the organisational and financial space to exercise its mandate properly. The FXI also makes submissions on an ongoing basis to Icasa on various aspects of its work.

The financial independence of the regulator is still in question as well, leading to delayed delivery in relation to a number of activities, and complete non-delivery in relation to others. The question of its institutional independence is also not settled. The FXI continues to lobby for changes in the financial independence of the regulator as well as increases in resources to ensure that it has the capacity to fulfill its mandate. It is these developments that the FXI will have to monitor very closely, and lobby around.

Merger of the Independent Broadcasting Authority (IBA) and the South African Telecommunications Regulatory Authority (Satra)

Icasa was formed in 2000 from a merger between the IBA and the South African Telecommunications Regulatory Authority (Satra). The FXI, together with the National Community Radio Forum, commented on the Bill which resulted in the merger of the two entities, which was at that stage called the South African Communications Regulatory Authority Bill. Click below for relevant documents:

FXI and NCMF submission on SA Communications Regulatory Authority Bill

Independent Communications Authority of South Africa Act No.13 (http://www.polity.org.za/html/govdocs/legislation/2000/act13.pdf)

Earlier documents on independence of the IBA

When the decision was taken as far back as 1997 to merge the IBA and the telecommunications regulatory authority, the move raised concerns that the IBA's independence may be compromised as it is more independent than SATRA (in fact, the IBA's independence is guaranteed in the constitution, whereas SATRA's is not). Controversies have also ensued about whether the IBA is in fact enjoying sufficient independence from the government, as well as other institutions set up in terms of Chapter 9 of the Constitution (like the Commission on Gender Equality and the South African Human Rights Commission).

In response to these controversies, the speaker of Parliament commissioned a study into the oversight functions of Parliament with respect to the executive arm of government, and the 'Chapter 9' institutions. The FXI contributed to this report with respect to the independence and accountability of the IBA (Independent Broadcasting Authority: Independence vs. Accountability ? A report). The report was released in July 1999. The outcomes of the report still have to be finalised by Parliament.

Submissions

The following is an archive of submissions made to Icasa on various matters:

Submission to Icasa on low power sound broadcasting, 19 June 2003
{to save this document, right click & "Save Target As..."}

Submission to SABC on editorial policies, 13 June 2003
{to save this document, right click & "Save Target As..."}

The revision of the IBA's Code of Conduct for Broadcasters

Definition of Advertising, the Regulation of Infomercials and the Regulation of Programme Sponsorships